The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Amount of children's pension under regulation 74: recent leavers N.I.

79.—(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a recent leaver (within the meaning of regulation 72(3).

(2) That amount is the appropriate fraction of the basic death pension.

(3) In this regulation—

[F1 (a) “the basic death pension” means 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to—

(i) a pension under regulation 74(5) on the date of death, or

(ii) if greater, the amount that the member’s pension would have been if it had been based on 10 years' pensionable service (disregarding any additional pension), and]

(b) “the appropriate fraction” means—

(i) if there is a surviving parent of the dependant child or children or a surviving spouse or civil partner of a parent of the dependant child or children and a surviving adult's pension is payable—

(aa) one-quarter if there is only one dependant child, and

(bb) one-half if there are two or more dependant children,

(ii) otherwise—

(aa) one-third if there is only one dependant child, and

(bb) two-thirds if there are two or more dependant children.

Textual Amendments

F1 Reg. 79(3)(a) substituted (with effect in accordance with reg. 1(4)(d) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 41