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

Entitlement to children’s long-term compensation

24.—(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) in respect of whom there is an entitlement to receive a children’s long-term pension under regulation E8 of the Superannuation Regulations in relation to the deceased’s former employment; or

(b) in respect of whom there would be such an entitlement 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 long-term compensation is payable to or for the benefit of such eligible child or eligible children–

(a) if a children’s long-term pension under regulation E8 of the Superannuation Regulations is payable following the expiry of the period of 3 months beginning with the date of death, from the day following the expiration of that period; or

(b) otherwise, from the day following the expiry of the period of 6 months beginning with the date of death.