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The National Health Service Pension Scheme (Scotland) Regulations 2015

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Surviving child’s pension

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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 public money 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, a pension 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 are 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.

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