39.— (1) A children’s pension may be paid only in relation to the period or periods subsequent to the date of death of the member or former member concerned, as the case may be.

(2) The rate of children’s pension is—

(a) where the deceased member or former member leaves neither a spouse nor a civil partner or, if he or she is survived by a spouse or civil partner who dies after his or her death—

(i) where there is only one child, one-third of the deceased member’s pension, or

(ii) where there are 2 or more children, at a rate for each child equal to one-half of the deceased member’s pension divided by the number of children;

(b) where the deceased member leaves a spouse or a civil partner—

(i) where there are 3 or fewer children, one-sixth of the deceased member’s pension for each child,

(ii) where there are 4 or more children, at a rate for each child equal to one-half of the deceased member’s pension divided by the number of children.