The Local Government Pension Scheme Regulations 1995

Preliminary

Meaning of “Child”

G1.  For the purposes of these regulations “child” means a person who—

(a) has not attained the age of 17 years,

(b) has attained that age and has since been—

(i) receiving full-time education, or

(ii) undergoing a full-time course of training of not less than 2 year’s duration for a trade, profession or vocation,

either continuously or continuously with the exception of a period which the appropriate administering authority have in their discretion decided to disregard (on being satisfied that his education or training ought not to be regarded as completed), or

(c) has attained that age and is incapacitated by reason of ill-health or infirmity of mind or body which arose either—

(i) before he attained that age, or

(ii) while receiving such full-time education or training, or

(iii) during a period which the authority have decided to disregard under paragraph (b).

Meaning of “eligible child”

G2.—(1) For the purposes of these regulations a child is an eligible child of a deceased person who was in a local government employment when he died and was then a member or a former member, if he is—

(a) the deceased’s legitimate or adopted child,

(b) the deceased’s step-child or illegitimate child,

(c) an adopted child of a person who has been married to the deceased, or

(d) a child accepted by the deceased as a member of the family,

and, in the case of a child within paragraph (b), (c) or (d), is wholly or mainly dependent on the deceased at the time of his death.

(2) For the purposes of these regulations a child is an eligible child of a person who has died after becoming entitled to a retirement pension if—

(a) he is a legitimate child of a marriage of the deceased which took place before the date on which he became entitled to the pension, and was born before the first anniversary of that date, or

(b) he is a child adopted by the deceased before he became entitled to the pension, or

(c) he is a child who was wholly or mainly dependent on the deceased both before he became entitled to the retirement pension and at the time of his death and is—

(i) the deceased’s step-child or illegitimate child,

(ii) an adopted child of a person who married the deceased before he became entitled to the pension, or

(iii) a child accepted by the deceased as a member of the family.