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59.—(1) This regulation applies where—
(a)immediately before 1st October 2023, a pension (a “child pension”) is in payment to an eligible child (“E”) in respect of the remediable 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 the child pension payable to E in respect of M’s remediable 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 the child pension continues to be the rate that was payable before the immediate choice decision was made.
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