The National Health Service Pension Scheme Regulations 1995

Print Options

PrintThe Whole Instrument
- PDF The Whole Instrument
- Web page The Whole Instrument
PrintThe Whole Part
- PDF The Whole Part
- Web page The Whole Part
PrintThis Section only
- PDF This Section only
- Web page This Section only

Changes over time for: Section H3

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The National Health Service Pension Scheme Regulations 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.

View outstanding changesstatus warnings

Member dies in pensionable employmentE+W+S

H3.—(1) The child allowance payable in the case of a member who dies whilst in pensionable employment will be as described in this regulation.

(2) Subject to paragraph (3), [F1if the member dies before 1st April 2008] the allowance will be calculated, as described in whichever of paragraphs (4) or (7) apply, as a proportion of the pension that would have been payable to the member under [F2 this Section of] the scheme if the member had retired through ill–health with a pension under regulation E2 (early retirement pension on grounds of ill– health) on the day he died.

[F3(2A) If the member died on or after 1st April 2008 the allowance will be calculated as described in whichever of paragraphs (4A) or (4D) apply—

(a)as a proportion of the pension that would have been payable to the member under [F2this Section of] the scheme if the member retired through ill health and had qualified for a tier 2 pension under regulation E2A on the day the member died; or

(b)if greater, the amount that F4... pension would have been if it had been based on 10 years pensionable service.]

(3) If the member dies with less than 5 years’ pensionable service, the allowance will be calculated as if the pension described in paragraph (2) were based on the shorter of—

(a)10 years’ pensionable service, and

(b)the pensionable service the member could have completed if he had stayed in pensionable employment until age 65.

(4) Subject to paragraphs (5) to (8), if the member dies leaving a dependent child and there is a surviving parent (or spouse [F5or civil partner] of a parent), the allowance will be equal to one– quarter of the pension described in paragraph (2) if there is only one dependent child and one–half if there are two or more.

[F6(4A) Subject to paragraphs (4B) to (4E), if the member dies leaving a dependent child and there is a surviving parent (or spouse, civil partner or [F7scheme partner] of a parent), the allowance will be equal to one-quarter of the pension described in paragraph (2A) if there is only one dependent child and one-half if there are two or more.

(4B) If a widow’s, widower’s, surviving civil partner’s or [F8surviving scheme partner’s pension] is payable at the rate mentioned in regulation G2(3B), the allowance payable in respect of any dependent child who is dependent on that widow, widower, surviving civil partner or surviving [F9scheme partner] will be payable from the day following the member’s death.

(4C) If a widow’s, widower’s, surviving civil partner’s or [F10surviving scheme partner’s pension] is payable at the rate mentioned in regulation G2(3B) but there is a dependent child who is not dependent on that widow, widower, surviving civil partner or surviving [F11scheme partner], the allowance in respect of that child for the first three months after the member’s death will be equal to the rate of member’s pensionable pay when the member died.

(4D) If a member dies leaving a dependent child and there is no surviving parent (or spouse, civil partner or [F12scheme partner] of a parent), the allowance will be equal to one-third of the pension described in paragraph (2A) if there is only one dependent child and two-thirds if there are two or more, except that the allowance for the first six months after the member’s death will be equal to the rate of the member’s pensionable pay when the member died.

(4E) If the member dies leaving a dependent child and there is a surviving parent (or spouse, civil partner or [F13scheme partner] of a parent) but there is no entitlement to a widow’s, widower’s or surviving civil partner’s pension calculated under regulation G2 (member dies in pensionable employment), the allowance will be paid at the rates described in paragraph (4D).]

(5) If a [F14widow's, widower’s or surviving civil partner's] pension is payable at the rate mentioned in regulation G2(2), no allowance shall be payable in respect of any dependent child who is dependent on that [F15widow, widower or surviving civil partner] until the end of the first 6 months after the member’s death.

(6) If a [F16widow's, widower’s or surviving civil partner's] pension is payable at the rate mentioned in regulation G2(2) but there is a dependent child who is not dependent on that [F17widow, widower or surviving civil partner], the allowance in respect of that child for the first 3 months after the member’s death will be equal to the rate of the member’s pensionable pay when he died.

(7) If the member dies leaving a dependent child and there is no surviving parent (or spouse [F18or civil partner] of a parent), the allowance will be equal to one–third of the pension described in paragraph (2) if there is only one dependent child and two–thirds if there are two or more, except that the allowance for the first 6 months after the member’s death will be equal to the rate of the member’s pensionable pay when he died.

(8) If the member dies leaving a dependent child and there is a surviving parent (or spouse [F19or civil partner] of a parent) but there is no entitlement to a [F20widow's, widower’s or surviving civil partner's] pension calculated under regulation G2 (member dies in pensionable employment), the allowance will be paid at the rates described in paragraph (7).

[F21(9) The child allowance payable on a member’s death if, on the day they died, the member is—

(a)under the age of 70;

(b)in NHS employment;

(c)no longer required to pay contributions [F22on or before 1st April 2008] pursuant to regulation D1(3) or (4) (contributions by members); and

(d)except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5,

will be as described in [F23paragraph (2)], but with the modifications set out in paragraph (10).

(10) The modifications referred to in paragraph (9) are—

(a)in paragraph (2), for “on the day he died” substitute “on his last day of pensionable employment”; and

(b)in each of paragraphs (6) and (7), for “member’s pensionable pay when he died” substitute “member’s final year’s pensionable pay”.]

[F24(11) The child allowance payable on a member’s death if, on the day the member died, the member is—

(a)under the age of 75 if not a special class officer or under the age of 70 if a special class officer;

(b)in NHS employment;