The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997

Circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member

5.—(1) For the purposes of section 25(1)(b)(i) (pension or annuity to be paid to member’s widow or widower in prescribed circumstances and for the prescribed period) the prescribed circumstances are, subject to paragraph (4), that—

(a) the widow or widower is entitled to child benefit in respect of a child under the age of 18 who is, or is residing with a child under the age of 16 who is—

(i) a son or daughter of the widow or widower and the member;

(ii) a child in respect of whom the member, immediately before his or her death, was, or would have been if the child had not been absent from Northern Ireland, entitled to child benefit; or

(iii) if the widow or widower and the member were residing together immediately before the member’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Northern Ireland, entitled to child benefit; or

(b) the widow or widower had attained the age of 45 either—

(i) when the member died; or

(ii) during a period when the circumstances mentioned in sub-paragraph (a) existed.

(2) For the purposes of section 25(1)(b)(i) the prescribed period is—

(a) in a case to which the circumstances described in sub-paragraph (a) but not sub-paragraph (b) of paragraph (1) exist, the period (subject to paragraph (3)) during which the circumstances described in sub-paragraph (a) of paragraph (1) continue to exist; and

(b) in a case to which the circumstances described in sub-paragraph (b) of paragraph (1) exist, the remainder of the widow’s or widower’s life (subject to paragraph (3)).

(3) There is excluded from the periods prescribed under paragraph (2) any period after the widow’s or widower’s remarriage under pensionable age.

(4) The prescribed circumstances referred to in paragraph (1) in which a pension or annuity is to be paid to the member’s widow or widower do not include circumstances where the rate of the pension or annuity paid to the member has, in accordance with regulation 4(2)(b)(iii), been determined by reference to his or her life only.