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The Firemen’s Pension Scheme (Amendment) (Scotland) Order 2018

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4.  In Part D (awards on death – children), for rule D5 (child’s allowance or special gratuity - limitations) substitute—

Child’s allowance: limitations and duration

D5.(1) Subject to paragraphs (2) and (3), a child is not eligible if he—

(a)is 18 or older;

(b)has ceased full-time education and is in paid employment; or

(c)is married or has entered into a civil partnership.

(2) A child aged 18 but not more than 23 is eligible if he is in full-time education or attending a course of at least one year’s duration.

(3) A child aged 18 or more is eligible if, when the deceased dies, he is dependent on the deceased by reason of permanent disablement.

(4) A child is not eligible if he is convicted of the murder of the deceased, but this is subject to paragraph (6).

(5) Subject to paragraph (7), where the child is convicted of the culpable homicide of the deceased, the authority may as it thinks fit, withhold the child’s allowance—

(a)in whole or in part; and

(b)permanently or temporarily.

(6) Where a conviction of the description mentioned in paragraph (4) is quashed on appeal—

(a)a child’s pension shall be payable from the day after that on which the deceased died; and

(b)the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of allowance accrued.

(7) Where—

(a)a conviction of the description mentioned in paragraph (5) is quashed on appeal; and

(b)the authority have withheld any part of the child’s allowance,

the authority’s decision under paragraph (5) shall be treated as revoked and it shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of allowance accrued from the day after that on which the deceased died.

(8) Nothing in paragraph (6) or (7) shall affect the application of paragraph (4) or (5) if the child whose conviction is quashed is subsequently convicted of the murder or culpable homicide of the deceased.

(9) A child’s allowance ceases to be payable—

(a)unless paragraph (2) or (3) applies, on his 18th birthday or on the occurrence of the event referred to in paragraph (1)(b) or (c), whichever first occurs;

(b)where paragraph (2) applies, on his 23rd birthday or the day on which his full-time education or course ceases, whichever first occurs;

(c)where paragraph (3) applies, when the authority are satisfied—

(i)that the child is no longer permanently disabled; or

(ii)that the child’s allowance should not have been awarded.

(10) Unless paragraph (9)(c) applies, an allowance for which a child is eligible as mentioned in paragraph (3) is payable for life..

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