CHAPTER 4Benefits for children where an immediate detriment remedy has been obtained
Benefits for children
17.—(1) This regulation applies where—
(a)P died before the immediate detriment remedy was obtained,
(b)the immediate detriment remedy was obtained by an adult survivor of P,
(c)P is survived by a child who is not living in the same household as the adult survivor,
(d)the child would have received benefits in respect of P under the 2015 scheme if—
(i)an immediate detriment remedy had not been obtained in relation to P’s remediable service, and
(ii)a 2015 scheme election had been made in respect of P, and
(e)the benefits payable under the relevant judicial legacy scheme in respect of the child are, in the opinion of the scheme manager of the scheme, less valuable (looked at in the round) than those that would have been payable in respect of the child if—
(i)an immediate detriment remedy had not been obtained in relation to P’s remediable service, and
(ii)a 2015 scheme election had been made in respect of P.
(2) The benefits payable in respect of the child under the relevant judicial legacy scheme, so far as they are determined by reference to P’s remediable service, are such benefits as would have been payable in respect of the child, so far as they are determined by reference to P’s remediable service, if—
(a)an immediate detriment remedy had not been obtained in relation to P’s remediable service, and
(b)a 2015 scheme election had been made in respect of P.
(3) Paragraph (2) applies in relation to benefits that were payable in respect of the child before, as well as after, the immediate detriment remedy was obtained.