Part II U.K. Lump Sums and Widows’ and Children’s Pensions

Modifications etc. (not altering text)

C1 Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2

Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2

Widows’ and children’s pensions U.K.

22 Children’s pension: rate and mode of payment. U.K.

(1) Only one children’s pension shall be granted in respect of the service of any one person, but—

(a) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure, and

(b) it shall be paid to such person or persons as [F1 the Treasury] may from time to time direct, and different parts thereof may be directed to be paid to different persons, and

(c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as [F1 the Treasury] from time to time directs.

(2) Where the deceased [F2 leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death], the annual amount of a children’s pension—

(a) while the persons for whose benefit it can enure are two or more in number, may amount to two-thirds of the annual amount of the personal pension,

(b) while there is only one such person, may amount to one-third of the annual amount of the personal pension.

(3) Subject to the provisions of subsection (4) below, where the deceased leaves a widow [F3 or widower], the annual amount of a children’s pension during her life—

(a) while the persons for whose benefit it can enure are two or more in number, may amount to one half the annual amount of the personal pension,

(b) while there is only one such person, may amount to one quarter of the annual amount of the personal pension.

(4) Notwithstanding anything in the preceding provisions of this section, where the deceased leaves a widow [F4 or widower] who remarries, no children’s pension shall be payable as respects any period when she has a husband [F4 or he has a wife] unless the [F5 Treasury] specially directs that such a pension shall be so payable, but, [F5 if the Treasury does specially so direct, it may, if it thinks fit], further direct that subsection (2) above shall apply as respects any such period notwithstanding that the widow [F4 or widower] is alive.

(5 )F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 22(1) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)

F2 Words in s. 22(2) substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 27(a); S.I. 1991/2730, art. 2,Sch.

F3 Words in s. 22(3) substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 27(b); S.I. 1991/2730, art. 2,Sch

F4 Words in s. 22(4) inserted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 27(c); S.I. 1991/2730, art. 2,Sch.

F5 Words in s. 22(4) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(6)(a)(b)

F6 S. 22(5) repealed (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/2730, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 22 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table