The Local Government (Compensation for Premature Retirement) (Amendment) Regulations 1993

Children’s compensation

5.  The 1982 Regulations are amended by substituting for regulation 10 the following:

“Entitlement to children’s short–term and long–term compensation

10.— (1) Subject as hereafter in these Regulations provided, if a beneficiary dies and is survived by an eligible child who is or eligible children who are or who would, but for—

(a) a relevant disqualification with respect to the beneficiary (and on the relevant assumptions); or

(b) the transfer or benefits to another pension scheme;

be entitled to receive a children’s short–term pension under E8 of the Superannuation Regulations in relation to the beneficiary’s former employment, children’s short-term compensation shall be payable to or for the benefit of such eligible child or eligible children—

(i) if a children’s short–term pension under regulation E8 of the Superannuation Regulations is payable for the period of 3 months after the death of the beneficiary, for that period; or

(ii) in any other case, for the period of 6 months after the death.

(2) Children’s short–term compensation shall not be payable in respect of a period for which widow’s or widower’s short–term compensation is payable to the widow or widower of the beneficiary.

(3) Subject as hereafter in these Regulations provided, if a beneficiary dies and is survived by an eligible child who is or eligible children who are or who would, but for—

(a) a relevant disqualification with respect to the beneficiary (and on the relevant assumptions); or

(b) the transfer of benefits to another pension scheme;

be entitled to receive a children’s long–term pension under regulation E8 of the Superannuation Regulations in relation to the beneficiary’s former employment, children’s long–term compensation shall be payable to or for the period of such eligible child or eligible children—

(i) if a children’s long–term pension under regulation E8 of the Superannuation Regulations is payable following the expiration of the period of 3 months after the death of the beneficiary, from the day following the expiration of that period; or

(ii) in any other case, from the day following the expiration of the period of 6 months after the death.”.