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The Police Pensions (Scotland) Regulations 2007

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Calculation of child survivors' pensions

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42.—(1) Subject to the provisions of this regulation and regulations 33(4) and 37(5), a child survivor’s pension shall be an annual amount equivalent to half of the pension which would be payable to any adult survivor as calculated in accordance with regulation 41(2) or (3), as the case may require, and regulation 41(5):

Provided that where 3 or more child survivors' pensions are for the time being payable in respect of the death of the same person, the pension payable to each child survivor shall be an annual amount equal to the pension which would be payable to an adult survivor as so calculated divided by the total number of child survivors' pensions so payable.

(2) Where a pension debit member dies leaving a child survivor, the reduction in the member’s rights under these Regulations by virtue of section 31 of the 1999 Act(1) is disregarded for the purposes of calculating any child survivor’s award payable to that child under these Regulations.

(3) In a case where a child survivor is in full-time training for a trade, profession or calling or is employed and is in receipt of remuneration in respect of that training or employment, the child survivor’s pension shall be withdrawn or reduced in accordance with paragraph (4).

(4) In the case of a child survivor such as is mentioned in paragraph (3)–

(a)if the annual amount of the child survivor’s pension is greater than the amount of the excess remuneration (within the meaning of paragraph (5)), it shall be reduced by the amount of that excess remuneration; or

(b)if the amount of that excess remuneration is equal to or greater than the annual amount of the child survivor’s pension which, but for this sub-paragraph, would be payable to the child survivor, the child survivor’s pension shall not be payable.

(5) The excess remuneration referred to in paragraph (4) means the annual amount by which the annual rate of the relevant child survivor’s remuneration exceeds the specified rate, where “specified rate” means a sum equivalent to the annual rate (rounded up to the nearest £1) of the applicable amount of personal allowance payable to a single claimant aged not less than 18 but less than 25 years, as specified in the Income Support (General) Regulations 1987(2) as uprated from time to time in accordance with an order under section 150(2) of the Social Security Administration Act 1992(3).

(6) A child survivor’s pension shall be payable–

(a)in a case where the child survivor was, in the opinion of the police authority, at the time of the police officer’s death, dependent on the officer by reason of permanent disablement, for life;

(b)in a case where the child is in full-time education on a course of at least 1 year’s duration, until the child ceases to be in full-time education or attains the age of 23 years, whichever first occurs; and

(c)in any other case, until the child survivor attains the age of 19 years.

(7) A child survivor’s pension, calculated in accordance with this regulation, shall be increased in accordance with regulation 50.

(3)

1992 c. 5; amended by the Pension Schemes Act 1993 (c. 48), Schedule 8, the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2, 9 and Schedule 2, the Pensions Act 1995 (c. 26), section 131, the Tax Credits Act 1999 (c. 10), section 1 and Schedule 1 paragraph 3 and the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12 paragraph 24.

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