The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998

Entitlement to children’s short-term compensation

22.—(1) This regulation applies on the death of an eligible person who has been granted (whether before or after his death) a credited period under regulation 8 and is survived by an eligible child or children–

(a) who is or are entitled to receive a children’s short-term pension under regulation E8 of the Superannuation Regulations in relation to the deceased’s former employment; or

(b) who would be so entitled apart from–

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

(ii) the transfer of benefits to another pension scheme.

(2) Where this regulation applies, children’s short-term compensation is payable to or for the benefit of such eligible child or eligible children as are mentioned in paragraph (1)–

(a) if a children’s short-term pension under regulation E8 of the Superannuation Regulations is payable for the period of 3 months beginning with the date of the death, for that period; and

(b) otherwise, for the period of 6 months beginning with that date.

(3) Children’s short-term compensation is not payable in respect of a period for which surviving spouse’s short-term compensation is payable to the surviving spouse of the deceased.