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The National Health Service Pension Scheme Regulations 1995

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Member dies after pension becomes payableE+W+S

H4.—(1) The child allowance payable in the case of a member who dies after a pension under the scheme becomes payable will be as described in this regulation.

[F1[F2(2) Subject to paragraphs (2A) and (8)—

(a)the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply, and

(b)where the member was, on the date of the member’s death—

(i)not a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 [F3or a Waiting Period Joiner within the meaning of regulation 2.L.1 or 3.L.1] of the 2008 Section of the Scheme (application of Chapter 2.K and Chapter 3.K, respectively), whose pensionable service—

(aa)equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;

(bb)was less than 10 years, as a proportion of the amount the member’s pension would have been if it had been based on 10 years pensionable service;

(ii)such a 2008 Section Optant [F4or Waiting Period Joiner], as a proportion of the amount of the member’s pension.]

(2A) If the member’s pensionable employment ceased on or before 31st March 2008, the allowance will be calculated in whichever of paragraphs (3) or (4) apply, as a proportion of the amount of the member’s pension or, if greater, the amount that the member’s pension would have been if it had been based on the shorter of—

(a)10 years pensionable service; and

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

(3) If the member dies leaving a dependent child and there is a surviving parent (or spouse [F5or civil partner ] [F6or nominated partner] of a parent), the allowance will, subject to paragraphs (5) to (7), 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.

[F7(4) If the member dies leaving a dependent child and there is no surviving parent or no surviving spouse or civil partner or nominated partner of a parent, the allowance—

(a)for the period of 6 months beginning with the member’s death, will be the greater of—

(i)the amount of the member’s pension calculated without regard to any reduction made under regulation S2 (reduction of pension on return to NHS employment), and

(ii)the amount of child allowance that would otherwise be payable under these Regulations;

(b)following the period referred to in (a), will be equal to—

(i)one-third of the pension described in paragraph (2) if there is only one dependent child,

(ii)two-thirds of the pension described in paragraph (2) if there are two or more dependent children.]

(5) If the member dies leaving a dependent child and there is a surviving parent (or spouse [F8or civil partner] [F9or nominated partner] of a parent) but there is no entitlement to a [F10widow's, widower’s or surviving civil partner's] [F11or surviving nominated partner’s] pension calculated under regulation G3 (member dies after pension becomes payable), the allowance will be paid at the rates described in paragraph (4).

(6) If a [F12widow's, widower’s or surviving civil partner's] [F13or surviving nominated partner’s] pension is payable at the rate mentioned in regulation G3(2), no allowance shall be payable in respect of any dependent child who is dependent on the [F14widow, widower or surviving civil partner] [F15or surviving nominated partner] until the end of the first 6 months after the member’s death.

(7) If a [F16widow's, widower’s or surviving civil partner's] [F17or surviving nominated partner’s] pension is payable at the rate mentioned in regulation G3(2) but there is a dependent child who is not dependent on that [F18widow, widower or surviving civil partner] [F19or surviving nominated 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 pension.

(8) Where the member was in receipt of a pension payable under regulation E5 (early retirement pension with actuarial reduction), the member’s pension referred to in paragraph (2) means the member’s pension calculated without regard to the reduction made under regulation E5(2).

[F20(9) If a member who was in receipt of a substitute tier 1 pension under regulation E2C (further employment after a benefit is paid under regulation E2A) dies before the end of the protection period that applies to him under regulation E2C(6)(a) or E2C(6)(b), the member’s pension referred to in paragraph (2) means that member’s original tier 2 pension.

(10) For the purpose of paragraphs (2) and (7), no account will be taken of any reduction to the member’s pension under regulation E7 (general option to exchange part of pension for lump sum).]

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