Entitlement to child pension
146.—(1) This regulation applies on the death of a person (D) if D is qualified or re-qualified for retirement benefits.
(2) A child pension becomes payable to an eligible child of D from the day after the date of D’s death.
(3) If a child is an eligible child of more than 2 members who die—
(a)the child is only entitled to payment of a child pension in respect of 2 of those members; and
(b)the 2 highest child pensions are payable.
(4) A child pension is not payable while an eligible child—
(a)is on a break from receiving full-time education; or
(b)attends a full-time vocational training course in respect of which the eligible child is paid at a rate which equals or exceeds the annual rate at which an official pension within the meaning of section 5(1) of PIA 1971 would be payable if the pension had begun, and first qualified for increases under that Act, on 1st April 2014 and had then been payable at an annual rate of £3045.
(5) A child pension ceases to be payable when the person to whom it was payable ceases to be an eligible child.
(6) If D dies in service or dies as a pensioner member, paragraphs (4) and (5) do not apply while the short-term rate of child pension is payable.
(7) The annual rate of a child pension is to be calculated in accordance with regulations 147 and 148.