The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Meaning of “eligible child”: the age condition and the occupation condition U.K.

41.—(1) The age condition is that the person has not reached the age of 16.

(2) The occupation condition is that the person (“C”) has, at all times since reaching the age of 16, been—

(a) in full-time education, or

(b) undergoing eligible training for a trade, profession or vocation.

(3) For the purposes of this regulation training is “eligible” if—

(a) it is full-time;

(b) its duration is at least 2 years; and

(c) the rate of pay (if any) receivable by C, or payable by the employer in respect of C, in relation to the training does not exceed the specified maximum.

(4) In this regulation—

“pay” means any salary, fees, wages, perquisites, profits or gains and includes the value of any free board, lodging or clothing;

“the specified maximum” at any time means an annual rate equal to that at which a pension of £250 a year—

(a)

first awarded under the Principal Civil Service Pension Scheme on 1st June 1972; and

(b)

increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 F1 to such a pension,

would (as so increased) be payable at that time.

(5) Where a premium has been paid in respect of C's training, all emoluments receivable by C, or payable by the employer in respect of C, are to be taken, for the purposes of paragraph (3)(c), as receivable or payable by way of return of the premium, unless and to the extent that the amount of those emoluments exceeds the amount of the premium.

(6) Where the Treasury are satisfied that C's full-time education ought not be regarded as completed, the Treasury may direct that any period during which a person is not in full-time education and is not undergoing eligible training for a trade, profession or vocation, is to be disregarded for the purposes of this regulation.

Textual Amendments

F1 1971 c.56.