The Armed Forces Pension Scheme Order 2005

[F1 Application and Interpretation of this Part U.K.

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.]

Textual Amendments

F1 Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2