The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Rent allowance to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners, who have children U.K.

25.—(1) Where a surviving spouse or surviving civil partner of a member of the armed forces is in receipt of a pension under article 11 of a 1919 to 1921 instrument or under article 23 of this Order, or a dependant who lived as a spouse or a dependant who lived as a civil partner of a member (“dependant”) is in receipt of a pension under article 24 and—

(a) in the case of a surviving spouse or surviving civil partner, the household of the spouse or civil partner includes a child; or

(b) in the case of a dependant, the household includes a child of the member

the surviving spouse, surviving civil partner or dependant may be awarded a rent allowance at such weekly rate, not exceeding the appropriate rate specified in paragraph 2 of Part III of Schedule 2, as the Secretary of State may think fit having regard to the weekly rent and rates and to any council tax payable by the spouse or dependant.

(2) Subject to paragraph (3), where, but for this provision, an allowance under this article would cease by reason of the household ceasing to include a child, the allowance may be continued for the period of 26 weeks from the date on which the household ceases to include that child, even if the surviving spouse or surviving civil partner or dependant is no longer in receipt of a pension referred to in paragraph(1) for the whole or any part of that period.

(3) Paragraph (2) shall not apply where the pension has ceased by virtue of article 33.

(4) In this article—

(a) “child” means a child who has not attained the child's age limit, or who, having attained the age limit, is a student or an apprentice or is incapable of self-support by reason of an infirmity which arose before he attained the age limit, and includes any person fulfilling those conditions who should, in the opinion of the Secretary of State, having regard to his relationship or to connection with the member and the other circumstances of the case, be treated as covered by the provisions of this article;

(b) “weekly rent and rates” means such sum as the Secretary of State may, after taking into account all relevant factors and making all necessary apportionments, consider to be the weekly amount in respect of rent, or the equivalent of rent, and rates which the surviving spouse, surviving civil partner or dependant is paying or providing either directly or indirectly for accommodation for the benefit of himself or herself as the case may be and the child;

(c) “accommodation” means living accommodation without any service or benefit not ordinarily provided by the landlord to the tenant of an unfurnished dwelling house, but may include accommodation reasonably required for the storage of furniture.