Search Legislation

The Armed Forces Pension Scheme Order 2005

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 73

 Help about opening options

Alternative versions:

Changes to legislation:

The Armed Forces Pension Scheme Order 2005, Paragraph 73 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Application and Interpretation of this PartU.K.

This section has no associated Explanatory Memorandum

73.(1) This Part applies where a remedy member (“M”) has died and an eligible decision-maker is required to make a decision or election under this Schedule.

(2) In this Part—

adult” means—

(a)

in England and Wales, and Northern Ireland, a person over the age of 18;

(b)

in Scotland, a person over the age of 16;

beneficiary” means a person who has become entitled to receive any death benefit;

child”, except in the term “eligible child”, means—

(a)

in England and Wales, and Northern Ireland, a person under the age of 18;

(b)

in Scotland, a person under the age of 16;

death benefit” means a benefit payable under Part E of Schedule 1 or Part 6 of the AFP Regulations 2014 in relation to the death of a member;

guardian” means a person with parental responsibility for a child, and where there is more than one person with parental responsibility for a child, the person with whom the child usually resides;

personal representative” means the person or persons named in the—

(a)

Grant of Probate, or

(b)

Grant of Letters of Administration, or

(c)

Confirmation

issued in respect of M’s estate;

surviving adult” means—

(a)

a surviving spouse,

(b)

a surviving civil partner, or

(c)

a surviving adult dependant within the meaning of regulation 67 of the AFP Regulations 2014.

(3) In this Part, a reference to—

(a)a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;

(b)an eligible child is a reference to an eligible child of M;

(c)a surviving adult is a reference to a surviving adult in relation to M.]

Back to top

Options/Help