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.