The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

CHAPTER 2 Child survivor

Surviving child’s pension

120.—(1) This regulation applies if—

(a) a member or recent leaver dies leaving an eligible child, or

(b) an eligible child of the member or recent leaver is born after the date of death.

(2) A pension is payable in respect of an eligible child.

(3) A pension ceases to be payable if the child ceases to be an eligible child.

(4) If there are two or more eligible children, the share of the pension to which each of them is entitled is determined in accordance with guidance published by the scheme manager for the purposes of this paragraph.

(5) An amount payable to an eligible child is payable—

(a) to the eligible child, or

(b) if the scheme manager so decides, to another person for the eligible child.

(6) Paragraph (7) applies to an eligible child if—

(a) at the date of death the child is dependent on an adult; and

(b) the adult is entitled to a pension under regulation 112.

(7) For any period in which the surviving adult’s pension is payable at the rate specified in regulation 115(3) or 118(5), the eligible child is entitled to payment only of so much of the pension as is attributable to an additional pension.

(8) Paragraph (9) applies if an eligible child—

(a) is incapable for any period of earning a living because of a physical or mental infirmity, and

(b) for a period exceeding one month is maintained out of money appropriated by the Northern Ireland Assembly in a hospital or other institution.

(9) No pension is payable in respect of the child for any part of the period after the first month.

(10) If, apart from this paragraph, multiple pensions would be payable in respect of a person as an eligible child of three or more persons each of whom was a deceased member or recent leaver—

(a) the entitlements to the pensions is treated as entitlement on the death of only two of those persons; and

(b) the amount payable is equal to the sum of the two pensions which are the highest.

Eligible child

121.—(1) A person is an eligible child in relation to a deceased member or recent leaver (DMR) if the child—

(a) meets the relationship condition;

(b) meets the age or health dependency condition; and

(c) meets the birth and dependency condition.

(2) A person meets the relationship condition if the person is any of the following—

(a) a natural child or grandchild of the DMR;

(b) an adopted child of the DMR who was adopted while the DMR was an active member;

(c) a step-child of the DMR whose natural or adoptive parent is the DMR’s surviving spouse or civil partner from a marriage entered into or a civil partnership formed, while the DMR was an active member;

(d) a person whose natural or adoptive parent is the DMR’s surviving nominated partner if, at the time the DMR ceased to be an active member, the DMR was living with the partner as mentioned in regulation 113(1)(b)(i);

(e) a brother or sister, or child of a brother or sister, of—

(i) the DMR, or

(ii) the DMR’s spouse, civil partner or nominated partner.

(f) a half-brother or half-sister, or child of a half-brother or half-sister of—

(i) the DMR member, or

(ii) the DMR member’s spouse, civil partner or nominated partner;

(g) a person who the scheme manager believes the DMR intended, at the time the DMR ceased to be an active member, to adopt;

(h) a person who at the time the DMR ceased to be an active member had been dependent on the DMR for—

(i) two years, or

(ii) if less, half the person’s life.

(3) A person meets the age or health dependency condition if—

(a) the person has not attained the age of 23; or

(b) the scheme manager believes—

(i) that the person was financially dependent on the DMR at the date of death because the person was incapable of earning a living in consequence of physical or mental impairment; and

(ii) that the person continues to be incapable of earning a living in consequence of the impairment.

(4) A person meets the birth and dependency condition if—

(a) the person was born before the DMR ceased to be an active member; and

(i) was dependent on the DMR at the date of death; and

(ii) if the date of death was after the DMR ceased to be an active member, was dependent on the DMR at the time the DMR ceased to be an active member; or

(b) the person was born not more than one year after the DMR ceased to be an active member and—

(i) was dependent on the DMR both at birth and at the date of death, or

(ii) if the person was born after the DMR’s death, would have been dependent on the DMR had the DMR not died before the person’s birth.

Amount of child pension: deceased active member

122.—(1) This regulation applies to determine the annual amount of pension payable under regulation 120 if, at the date of death, the deceased was—

(a) an active member of this scheme; and

(b) not also a pensioner member of this scheme.

(2) The amount, unless paragraph (6) or (7) applies is the appropriate fraction of—

(a) the basic death pension; plus

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), 75% of the amount of additional pension.

(3) The basic death pension is found by applying the following formula:

where—

• FP is the amount of full retirement earned pension which, if at the date of death the deceased had become entitled to an ill-health pension, would be specified in the pensioner member’s account;

• A is the aggregate of the amounts of all of the member’s pensions from pensionable service on the day after the member’s last day of pensionable service (L+1)—

  (i)

  disregarding any additional pension; and

  (ii)

  including any increases applied by virtue of the Pensions (Increase) Act (Northern Ireland) 1971(1);

• B is the period counted in days which is the greater of—

  (i)

  the aggregate of the total period of pensionable service counted in days over which the pensions referred to in A were accrued and 50% of the length of the period starting on L+1 and ending on the day the deceased would have reached prospective normal pension age; and

  (ii)

  10 years;

• C is the total period of pensionable service counted in days over which the pensions aggregated to find A were accrued,

• and for the purposes of B and C, any part of a day is taken to be a whole day.

(4) The appropriate fraction is shown in Column 3 of the following table against the description of circumstances in Columns 1 and 2 to which it relates.

Table

Column 1	Column 2	Column 3
Surviving adult: pension entitlement and relationship to eligible child	Number of eligible children	Appropriate fraction
A. There is a surviving parent or a surviving spouse or civil partner of a parent and a surviving adult’s pension is payable under regulation 112	One eligible child	1/4
	Two or more eligible children	1/2
B. There is a surviving parent or a surviving spouse or civil partner of a parent but no pension is payable under regulation 112	One eligible child	1/3
	Two or more eligible children	2/3
C. There is no surviving parent or spouse or civil partner of parent;	One eligible child	1/3
	Two or more eligible children	2/3

(5) Paragraph (6) applies if—

(a) a surviving adult dependent’s pension is payable under regulation 112; and

(b) there is a eligible child who is not dependent on the person entitled to the pension.

(6) The rate of pension payable in respect of the child for the first three months after the deceased’s death is equal to—

(a) if the deceased member was in non-practitioner employment, the rate of the member’s pensionable earnings at the time of death;

(b) if the deceased member was a practitioner or non-GP provider, the average rate of the member’s pensionable earnings during the last complete quarter before the member’s death.

(7) Where entry B or C of column 1 of the table in paragraph (4) applies, the rate of the pension in respect of a eligible child for the period of six months starting with the deceased’s death is equal to—

(a) if the deceased member was in non-practitioner employment, the rate of the member’s pensionable earnings at the time of death;

(b) if the deceased member was a practitioner or non-GP provider, the average rate of the member’s pensionable earnings during the last complete quarter before the member’s death.

(8) Non-practitioner employment is employment other than as a practitioner or non-GP provider.

Amount of child pension: deceased pensioner member

123.—(1) This regulation determines the annual amount of pension payable under regulation 120 if, at the date of death, the deceased—

(a) was a pensioner member of this scheme; and

(b) was not also an active member.

(2) The amount is the appropriate fraction of—

(a) the basic death pension; plus

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), 75% of the amount of the additional pension.

(3) The basic death pension is the greater of—

(a) 67.5% of the deceased’s annual pension (disregarding any additional pension) ;and

(b) the amount found by applying the following formula:

where—

• A is the deceased’s annual pension;

• C is the total period of pensionable service counted in days over which the pensions aggregated to find A was accrued;

• and for the purposes of C, any part of a day is taken to be a whole day.

(4) The appropriate fraction is as determined by regulation 122(4).

(5) Paragraph (6) applies if—

(a) a surviving adult dependent’s pension is payable under regulation 112; and

(b) there is a eligible child who is not dependent on the person entitled to the pension.

(6) The rate of pension payable in respect of the child for the first three months after the deceased’s death is equal to the rate of the member’s pension at the date of death.

(7) Where entry B or C of column 1 of the table in paragraph (4) of regulation 122 applies, the rate of the pension in respect of a eligible child for the period of six months starting with the deceased’s death is equal to the greater of—

(a) the rate of the member’s pension at the date of death disregarding any reduction under Chapter 7 of Part 5 (Abatement); and

(b) the amount of child pension that would otherwise be payable under these Regulations.

(8) A reference to the deceased’s pension for the purposes of paragraph (3)(a) and (b) is a reference to the amount the deceased’s pension would have been if it was calculated—

(a) without subtracting the conversion amount (see paragraph 10 of Schedule 7); and

(b) in the case of a pension that was payable to the deceased pursuant to regulation 78, 81 or 83, without the reduction under paragraph 6(1)(b) or 7(1)(b) of Schedule 11.

Amount of child pension: deceased deferred member

124.—(1) This regulation determines the annual amount of pension payable under regulation 120 if, at the date of death, the deceased—

(a) was a deferred member of this scheme; and

(b) was not also an active member or a pensioner member.

(2) The amount is the appropriate fraction of—

(a) the basic death pension; plus

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), 75% of the amount of the additional pension.

(3) The basic death pension is—

(a) if the date of death is before the end of the period 12 months starting on the day after the deceased ceased to be an active member, the amount found by applying the formula in regulation 122(3);

(b) in any other case, the greater of—

(i) 67.5% of the pension which would have been payable if, at the date of death, the deceased had become entitled to a pension under regulation 72, but in calculating that pension under paragraph 1 of Schedule 11 sub-paragraph (c) must be ignored; and

(ii) the amount found by applying the formula in regulation 123(3).

(4) The appropriate fraction is shown in Column 3 of the following table against the description of circumstances in Columns 1 and 2 to which it relates.

Table

Column 1	Column 2	Column 3
Surviving adult: pension entitlement and relationship to eligible child	Number of eligible children	Appropriate fraction
A. There is a surviving parent or a surviving spouse or civil partner of a parent and a surviving adult’s pension is payable under regulation 112	One eligible child	1/4
	Two or more eligible children	1/2
B. In any other case	One eligible child	1/3
	Two or more eligible children	2/3

Amount of child pension: recent leavers

125.—(1) This regulation determines the annual amount of pension payable under regulation 120 if, at the date of death, the deceased was a recent leaver (within the meaning of regulation 117(4)).

(2) The amount is the appropriate fraction of the basic death pension.

(3) The basic death pension is the amount found by applying the formula in regulation 122(3).

(4) The appropriate fraction is as determined by regulation 124(4).

Power to increase pension for children not maintained by surviving parent etc.

126.—(1) This regulation applies if—

(a) a member dies leaving a eligible child;

(b) there is a surviving parent of the eligible child or a surviving spouse or civil partner of a parent of the dependent child; and

(c) the eligible child is not maintained by the surviving parent, spouse or partner.

(2) The scheme manager may increase the amount of the pension that would otherwise be payable under this Chapter.

(3) The increased amount must not exceed the amount that would have been payable under this Chapter if there had been no such surviving parent or spouse or partner of a parent.

Amount of child pension: re-employed pensioners

127.—(1) This regulation applies to determine the annual amount of pension payable under regulation 120 if, at the date of death, the deceased was—

(a) an active member of this scheme; and

(b) a pensioner member of this scheme.

(2) If there is no surviving adult, in relation to the period of 6 months starting on the day after the date of death, the rate of pension is equal to the sum of—

(a) the rate of the deceased’s pensionable earnings at the date of death; and

(b) the rate of the pension being received by the deceased at the date of death.

(3) In paragraph (2), rate of pensionable earnings for a member who was a practitioner or non-GP provider is the rate during the last complete quarter before the member’s death.

(4) Apart from paragraph (2), the amount is the appropriate fraction of—

(a) if, at the date of death, the deceased has not reached normal pension age, the amount found by applying the formula in regulation 122(3);

(b) in any other case, 67.5% of the pension to which the deceased would have been entitled under regulation 73 (see paragraph 1 of Schedule 11).

(5) The appropriate fraction is as determined by regulation 122(4).

(6) Paragraph (7) applies if a eligible child was dependent both—

(a) at the time when the pensionable service in respect of which the pension is payable ceased; and

(b) at the date of death.

(7) The amount is the sum of—

(a) the amount payable under regulation 122 in respect of the deceased’s new employment—

(i) if paragraph (1)(b) of that regulation did not apply; and

(ii) ignoring paragraph (b) of element B in the formula in paragraph (3) of that regulation; and

(b) the amount found under regulation 123(3)(a) in respect of the deceased’s old employment if paragraph (1)(b) of that regulation did not apply.

(8) For the purposes of paragraph (7)—

(a) if the aggregate of the periods of pensionable service taken into account in determining the amounts under sub-paragraphs (a) and (b) is less than 10 years, the period to be taken into account for the purposes of paragraph (a) must be increased by a period equal to the length of the difference;

(b) “new employment” and “old employment” must be construed in accordance with Chapter 7 of Part 5.

Provisional awards of eligible child’s pensions: later adjustments

128.—(1) This regulation applies where—

(a) an active member, deferred member, recent leaver or pensioner member of this scheme has died;

(b) a pension is paid in respect of one or more persons under this Chapter on the basis that they were eligible children as at the date of the member’s death and that there were then no other eligible children; and

(c) it later appears that—

(i) a person in respect of whom such a pension has been paid was not an eligible child on the date of death;

(ii) on that date a further person was an eligible child; or

(iii) a child who was born after the member’s death is an eligible child.

(2) The scheme manager may adjust the amount of pension payable in respect of each eligible child to take account of the matters referred to in paragraph (1)(c), as applicable.

(3) Paragraph (2) does not affect any right the scheme manager has to recover a payment or an overpayment.

(1)

1971 c.35 (N.I.)