Public Service Pensions (Single Scheme and Other Provisions) Act 2012

36.

Children’s pension — beneficiaries.

36.— (1) Subject to subsections (2) to (7), a person who is a child of a deceased member shall not be regarded as a child for the purposes of the payment of a children’s pension in any of the following cases:

( a) a person, other than a person to whom paragraph (c) relates, who was not wholly or mainly financially dependent on the deceased member immediately before the deceased member’s death;

( b) a person who is married, in a civil partnership or cohabiting with another person;

( c) a person to whom or in respect of whom emoluments or grants for education, instruction or training are payable and where those emoluments made the person, immediately before the deceased member’s death, not financially dependent on the deceased member.

(2) In respect of a person to whom paragraph (b) of subsection (1) relates and where in the opinion of the Minister there are compassionate grounds for so doing, the Minister may, if he or she considers it just and equitable in all the circumstances, direct that, notwithstanding that paragraph, the person shall be regarded from a date specified in the direction as being a child to whom that paragraph does not relate and, accordingly, for so long as the direction is in force this Part shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.

(3) Without prejudice to exercising his or her function under subsection (2) at any time, the Minister may delegate in writing that function to any relevant authority in respect of any children of deceased members or of a class or classes of deceased members. A delegation under this subsection may be revoked at any time by the Minister in writing.

(4) Any delegation under subsection (3) may include directions or other instructions to the relevant authority concerned regarding the determination of the circumstances in which compassionate grounds may or may not exist. Directions or other instructions to which this subsection relates may be amended from time to time by the Minister in writing.

(5) In making a determination under this section by virtue of subsection (3), a relevant authority shall do so in accordance with any subsisting directions or other instructions referred to in subsection (4).

(6) Where in respect of a person to whom subsection (1)(c) relates, a break occurs in his or her education, instruction or training, then unless the relevant authority otherwise directs, he or she shall, for the duration of such break, be regarded as a child for the purposes of this Part.

(7) A child shall not be eligible for a children’s pension in respect of more than 2 deceased members. Where a child would, but for this subsection, be eligible for a children’s pension in respect of more than 2 deceased members, then he or she shall only be eligible for the 2 children’s pensions that are most favourable to him or her.