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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2013 - onwards
Version 2 of 2

38. Children's pension - conditions for payment, etc.

(1) A children's pension is granted and payments made on the condition that payments shall be applied for the benefit of the child or children for whom the pension was granted.

(2) Where -

(a) the deceased member leaves a surviving spouse or civil partner and in respect of the spouse or civil partner -

(i) no survivor's pension was applied for,

(ii) if applied for, no entitlement to a survivor's pension arose, or

(iii) if a survivor's pension has been granted, it had ceased to be payable under this Part during the lifetime of the spouse or civil partner,

(b) no children's pension was applied for by the spouse or civil partner in respect of any child of the deceased member who was in the custody of the spouse or civil partner, and

(c) subsequently the spouse or civil partner of the deceased member dies,