The Teachers' Pensions Regulations 2010

Meaning of “eligible child” E+W+S

93.—(1) For the purpose of these Regulations, a person (C) is the “ eligible child” of another person (D) if—

(a) (i) C is a child of D born during D's lifetime or within 12 months after D's death,

(ii) C was adopted by D, or

(iii) C was accepted by D as a member of the family and was wholly or mainly financially dependent on D at the date of D's death;

(b) C is neither married nor a civil partner and has never married nor formed a civil partnership; and

(c) C satisfies any of Conditions 1 to 3.

(2) Condition 1 is that C is under 17.

(3) Condition 2 is that—

(a) C is 17 or over and under 23,

(b) C is receiving full-time education, and

(c) C has received full-time education since reaching the age of 17 without a break.

(4) Condition 3 is that C—

(a) C is incapable of earning a livelihood by reason of physical or mental impairment,

(b) C was dependent on D at the date of the D's death because of that impairment, and

(c) C is not wholly maintained out of money provided by Parliament or raised by council tax by a local authority.

(5) For the purpose of Condition 2—

(a) a person who takes no more than one break not exceeding a year or such longer period as the Secretary of State may determine in the circumstances of the particular case is not to be treated as ceasing to receive full-time education;

(b) a person who ceases to receive full-time education is to be treated as receiving it up to and including the week which includes whichever of the following days occurs first after the end of the term in which the person ceases to receive it—

(i) the first Monday in January,

(ii) the first Monday after Easter Monday,

(iii) the first Monday in September.

(6) For the purpose of Condition 3 “local authority” includes a non-metropolitan district council for an area for which there is a county council.

(7) For the purpose of this regulation, a person is to be treated as receiving full-time education if the person attends a course of full-time vocational training of not less than 2 years' duration.

(8) For the purpose of determining whether a person is the eligible child of a person who was not in pensionable employment on or after 1st May 1994, omit paragraph (3)(c).

(9) For the purpose of determining whether a person is the eligible child of a person who was entitled to payment of retirement benefits under regulation E4 of TPR 1997 on 5th April 2006 or whether a child (as defined in regulation E22 of those Regulations) to whom a pension was payable on that date is an eligible child—

(a) in paragraph (1)(a)(iii), omit “financially”;

(b) in paragraph (3)(a), omit “and under 23”;

(c) in paragraph (4)(b) after “that impairment” insert “ or became so incapable while satisfying Condition 1 or Condition 2 ”.