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16.—(1) In paragraph (6) of regulation E26 (family benefits generally) after “adopted child” insert–
“; or
(b)accepted by him or her as a member of the family and wholly or mainly financially dependent on him or her(1),”.
(2) For paragraph (12)(a) of that regulation substitute–
“(a)in paragraph 6(b) omit “financially”; and”.
(3) Subject to paragraph (4), the amendment made by paragraph (1) applies for the purposes of determining a person’s entitlement to a pension under regulations E28 to E33 where the pension is payable at any time on or after 6th April 2006.
(4) Paragraph (3) does not apply in respect of pensions payable under regulations E28 to E33 to the children of a deceased teacher during the period beginning on 6th April 2006 and ending on 30th June 2008 where–
(a)one or more payments have been made under those regulations to a child of that teacher during that period; and
(b)the amount of the pension paid to that child has been determined on the basis of paragraph (6) of regulation E26 having effect without the amendment made by paragraph (1) above.
See regulation 16(3) and (4) for application of paragraph (b) between 6th April 2006 and 30th June 2008.
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