PART GCHILDREN'S PENSIONS

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.