PART 7Provision about special cases

CHAPTER 2Miscellaneous special cases

Protection of the amount of pension payable to an eligible child I165

1

This regulation applies where—

a

immediately before 1st October 2023, a child pension is in payment to an eligible child (“E”) in respect of the remediable teacher service of a deceased member (“M”),

b

there is a surviving adult (“S”) in relation to the deceased member,

c

E is not in the care of S, and

d

S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the rate of child pension payable to E in respect of M’s remediable teacher service.

2

Where this regulation applies—

a

E does not owe the scheme manager a liability under section 14(3) of PSPJOA 2022 in respect of the child pension, and

b

the rate of child pension continues to be the rate that was payable before the decision was made.