The National Health Service Pension Scheme Regulations 2015

Eligible child E+W

122.—(1) A person is an eligible child in relation to a deceased member or recent leaver (DMR) if the child—

(a) meets the relationship condition;

(b) meets the age or health dependency condition; and

(c) meets the birth and dependency condition.

(2) A person meets the relationship condition if the person is any of the following—

(a) a natural child or grandchild of the DMR;

(b) an adopted child of the DMR who was adopted while the DMR was an active member;

(c) a step-child of the DMR whose natural or adoptive parent is the DMR's surviving spouse or civil partner from a marriage entered into or a civil partnership formed, while the DMR was an active member;

(d) a person whose natural or adoptive parent is the DMR's surviving [F1 scheme partner] if, at the time the DMR ceased to be an active member, the DMR was living with the partner as mentioned in [F2 regulation 114(1)(a) and (d)];

(e) a brother or sister, or child of a brother or sister, of—

(i) the DMR; or

(ii) the DMR's spouse, civil partner or [F3 surviving scheme partner];

(f) a half-brother or half-sister, or child of a half-brother or half-sister of—

(i) the DMR member; or

(ii) the DMR member's spouse, civil partner or [F4 surviving scheme partner];

(g) a person who the scheme manager believes the DMR intended, at the time the DMR ceased to be an active member, to adopt;

(h) a person who at the time the DMR ceased to be an active member had been dependent on the DMR for—

(i) two years; or

(ii) if less, half the person's life.

(3) A person meets the age or health dependency condition if—

(a) the person has not attained the age of 23; or

(b) the scheme manager believes—

(i) that the person was financially dependent on the DMR at the date of death because of the person was incapable of earning a living in consequence of physical or mental impairment; and

(ii) that the person continues to be incapable of earning a living in consequence of the impairment.

(4) A person meets the birth and dependency condition if—

(a) the person was born before the DMR ceased to be an active member and—

(i) was dependent on the DMR at the date of death; and

(ii) if the date of death was after the DMR ceased to be an active member, was dependent on the DMR at the time the DMR ceased to be an active member; or

(b) the person was born not more than one year after the DMR ceased to be an active member and—

(i) was dependent on the DMR both at birth and at the date of death; or

(ii) if the person was born after the DMR's death, would have been dependent on the DMR had the DMR not died before the person's birth.

Textual Amendments

F1 Words in reg. 122(2)(d) substituted (with effect from 1.4.2015, in accordance with reg. 1(5) of the amending S.I.) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), reg. 1(2)(5), 90(2)(a)

F2 Words in reg. 122(2)(d) substituted (with effect from 1.4.2015, in accordance with reg. 1(5) of the amending S.I.) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), reg. 1(2)(5), 90(2)(b)

F3 Words in reg. 122(2)(e)(ii) substituted (with effect from 1.4.2015, in accordance with reg. 1(5) of the amending S.I.) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), reg. 1(2)(5), 90(3)

F4 Words in reg. 122(2)(f)(ii) substituted (with effect from 1.4.2015, in accordance with reg. 1(5) of the amending S.I.) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), reg. 1(2)(5), 90(4)