Judicial Pensions Act 1981 (c. 20)

Part II U.K. [F1 LUMP SUMS AND WIDOWS', SURVIVING CIVIL PARTNERS' AND CHILDREN'S PENSIONS]

Textual Amendments

F1 Pt. 2 title substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 51

Modifications etc. (not altering text)

C1 Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2

Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2

[F2 Widows', surviving civil partners' and children's pensions] U.K.

Textual Amendments

F2 Cross-heading preceding s. 18 substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 53

18 Conditions of grant. U.K.

(1) Subject to the provisions of this Part of this Act, on the death of a male person (hereinafter in this Part of this Act referred to as “the deceased”) who—

(a) had become eligible for a pension for service in any judicial office, or

(b) was serving in any judicial office at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension for that service,

there may be granted in respect of his service—

(i) where he leaves a widow, a pension to that widow (hereafter in this Part of this Act referred to as a “widow’s pension”),

[F3 (ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (hereafter in this Part of this Act referred to as a “surviving civil partner's pension”), and]

[F4 (ii) where he had a wife or a civil partner at any time during his relevant service (whether or not the marriage or civil partnership continued until his death and whether or not a widow's pension or surviving civil partner's pension is or can be granted), a pension (hereafter in this Part of this Act referred to as a “children's pension”) for the benefit of any relevant children.]

[F5 (1A) In subsection (1)(ii) above, “relevant children” means—

(a) in relation to a marriage, any children of the marriage, and

(b) in relation to a civil partnership, any children of the family,

and in paragraph (b) of this subsection “children of the family” is to be construed in accordance with section 105(1) of the Children Act 1989 M1 or (in relation to Scotland) section 101(7) of the Civil Partnership Act 2004 M2 .]

(2) If [F6 the Treasury] is satisfied that a person (“the child”) excluded from subsection (1)(ii) above because adopted after the termination of the marriage [F7 or civil partnership] was before the termination of the marriage [F7 or civil partnership] wholly or mainly dependent on the deceased person, and that the deceased person had before the termination of the marriage [F7 or civil partnership] formed the intention of adopting the child, [F6 the Treasury] may direct that the said exclusion in subsection (1)(ii) above shall not apply to the child.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 18(1)(ia) substituted for word (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 54(2)(a)

F4 S. 18(1)(ii) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 54(2)(b)

F5 S. 18(1A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 54(3)

F6 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)

F7 Words in s. 18(2) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 54(4)

F8 S. 18(3) repealed (1.1.1992) (with saving) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(6)(7), Sch. 19 para. 9, Sch. 20; S.I. 1991/2730, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 18 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I) 1988/293, art. 6 Table

Marginal Citations

M1 1989 c. 41.

M2 2004 c. 33.

[F9 18A Widowers’ [F10 and surviving civil partners'] pensions U.K.

(1) Section 18 above shall have effect in relation to the death of a female person [F11 who has, or has had, a husband or civil partner] as it has effect in relation to the death of a male person [F12 who has, or has had, a wife or civil partner] but as if—

(a) for the words “widow”, “widow’s pension” and “wife” there were substituted “widower”, “widower’s pension” and “husband”; and

(b) for the words “his”, “he” and “him” there were substituted “hers”, “she” and “her”.

(2) The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.

[F13 (2A) The transitional provisions in Part 5 of Schedule 2 to this Act shall have effect in relation to surviving civil partners' pensions.]]

Textual Amendments

F9 S. 18A inserted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 79(1); S.I. 1991/2730, art. 2, Sch.

F10 Words in s. 18A sidenote inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 55(2)

F11 Words in s. 18A(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 55(3)(a)

F12 Words in s. 18A(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 55(3)(b)

F13 S. 18A(2A) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 55(4)

[F14 19 [F15 Widows', widowers' and surviving civil partners' pensions] U.K.

(1) No [F16 widow's, widower's or surviving civil partner's] pension may be granted if the marriage [F17 or formation of the civil partnership] with the deceased took place after he or she retired from relevant service.

(2) A [F18 widow's, widower's or surviving civil partner's] pension shall come to an end on the death of the [F19 widow, widower or surviving civil partner].

(3) Where a [F20 widow's, widower's or surviving civil partner's] pension is payable the Treasury may, on or at any time after

[F21 (a) the remarriage of, or formation of a civil partnership by, the widow or widower, or

(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,]

direct that it shall cease to be payable.

(4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.

(5) The annual amount of a [F22 widow's, widower's or surviving civil partner's] pension may be one half of the annual amount of the personal pension.]

Textual Amendments

F14 S. 19 substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 80; S.I. 1991/2730, art. 2, Sch.

F15 S. 19 sidenote substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(2)

F16 Words in S. 19(1) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(3)(a)

F17 Words in s. 19(1) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(3)(b)

F18 Words in S. 19(2) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(4)(a)

F19 Words in s. 19(2) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(4)(b)

F20 Words in s. 19(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(5)(a)

F21 Words in s. 19(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(5)(b)

F22 Words in s. 19(5) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 56(6)

20 Children’s pension: beneficiaries. U.K.

(1) A children’s pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.

(2) Subject to the provisions of this section, the persons for whose benefit a children’s pension can enure are any such children as are referred to in subsection (1) or subsection (3) of section 18 above, as the case may be, who are for the time being in their period of childhood and full-time education.

(3) A children’s pension cannot enure for the benefit of a person conceived after the end of the deceased’s relevant service.

(4) A children’s pension cannot enure for the benefit of any person who was adopted by the deceased after the end of his relevant service:

Provided that if [F23 the Treasury] is satisfied that a person (“the child”) falling within this subsection was before the end of the relevant service wholly or mainly dependent on the deceased person, and that the deceased person had, before the termination of the relevant service, formed the intention of adopting the child [F23 the Treasury] may direct that this subsection shall not apply to the child.

(5) A children’s pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married [F24 or a person who at the time of the death of the deceased was a civil partner] and if, after the death of the deceased, a female person marries [F25 or a person forms a civil partnership], she [F26 or he] shall thereupon cease to be a person for whose benefit a children’s pension can enure.

F27 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)

F24 Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(2)

F25 Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(3)

F26 Words in s. 20(5) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 57(4)

F27 S. 20(6) repealed (1.1.1992) (with saving) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(6)(7), Sch. 19 para. 9, Sch. 20; S.I. 1991/2730, art. 2,Sch.

Modifications etc. (not altering text)

C3 S. 20 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table

21 Meaning of “period of childhood and full-time education”. U.K.

(1) A person shall be deemed for the purposes of section 20 above to be in his period of childhood and full-time education while either—

(a) he is under the age of sixteen, or

(b) he is receiving full-time instruction at any university, college, school or other educational establishment, or

(c) he is undergoing training by any person (hereinafter referred to as “the employer”) for any trade, profession or vocation in such circumstances that—

(i) he is required to devote the whole of his time to the training for a period of not less than two years, and

(ii) while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, [F28 do not exceed the maximum allowable remuneration], exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training.

(2) A person shall not be deemed for the purposes of this section to satisfy the conditions specified in paragraph (b) or the conditions specified in paragraph (c) of subsection (1) above, unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions.

(3) In subsection (1) above “emoluments” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of paragraph (c)(ii) of that subsection, where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.

[F29 (3A) For the purposes of subsection (1)(c)(ii) above, the “maximum allowable remuneration” at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year—

(a) first awarded under the principal civil service pension scheme on 1st June 1972, and

(b) increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 to such a pension,

would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1.]

(4) As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of subsection (1) above is satisfied in relation to a person, [F30 the Treasury may, if it] thinks fit, and is satisfied that that person’s full-time education ought not to be regarded as completed, direct either—

(a) that that period shall be ignored for the purposes of subsection (2) above, or

(b) that that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of section 20 above.

F31 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Words in s. 21(1)(c)(ii) substituted (31.3.1995) by 1993 c. 8, s. 24, Sch. 3 Pt. I para. 1(1); S.I. 1995/631, art. 2

F29 S. 21(3A) inserted (31.3.1995) by 1993 c. 8, s. 24, Sch. 3 Pt. I para. 1(2); S.I. 1995/631, art. 2

F30 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(5)

F31 S. 21(5)(6) repealed (31.3.1995) by 1993 c. 8, s. 24, Sch. 3 Pt. I para. 1(3), Sch. 9; S.I. 1995/631, art. 2

Modifications etc. (not altering text)

C4 S. 21 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I) 1988/293, art. 6 Table

C5 S. 21(1)(c)(ii) amended (8.4.1991) by virtue of S.I.1991/862, art. 2

C6 S. 21(1)(c)(ii) amended (6.4.1992) by S.I. 1992/360, art. 2;

S. 21(1)(c)(ii) amended (12.4.1993) by S.I. 1993/220, art. 2;

S. 21(1)(c)(ii) amended (11.4.1994) by S.I. 1994/350, art. 2

22 Children’s pension: rate and mode of payment. U.K.

(1) Only one children’s pension shall be granted in respect of the service of any one person, but—

(a) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure, and

(b) it shall be paid to such person or persons as [F32 the Treasury] may from time to time direct, and different parts thereof may be directed to be paid to different persons, and

(c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as [F32 the Treasury] from time to time directs.

(2) Where the deceased [F33 leaves no widow [F34 , widower or surviving civil partner] and, if he or she leaves a widow [F34 , widower or surviving civil partner], after his or her death], the annual amount of a children’s pension—

(a) while the persons for whose benefit it can enure are two or more in number, may amount to two-thirds of the annual amount of the personal pension,

(b) while there is only one such person, may amount to one-third of the annual amount of the personal pension.

(3) Subject to the provisions of subsection (4) below, where the deceased leaves a widow [F35 , widower or surviving civil partner], the annual amount of a children’s pension during her life—

(a) while the persons for whose benefit it can enure are two or more in number, may amount to one half the annual amount of the personal pension,

(b) while there is only one such person, may amount to one quarter of the annual amount of the personal pension.

(4) Notwithstanding anything in the preceding provisions of this section, where the deceased

[F36 (a) leaves a widow or widower who remarries or forms a civil partnership, or

(b) leaves a surviving civil partner who forms a subsequent civil partnership or marries,]

no children’s pension shall be payable as respects any period when she has a husband [F37 or civil partner][F38 or he has a wife][F39 or civil partner] unless the [F40 Treasury] specially directs that such a pension shall be so payable, but, [F40 if the Treasury does specially so direct, it may, if it thinks fit], further direct that subsection (2) above shall apply as respects any such period notwithstanding that the [F41 widow, widower or surviving civil partner is] alive.

(5 )F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words in s. 22(1) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)

F33 Words in s. 22(2) substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 27(a); S.I. 1991/2730, art. 2,Sch.

F34 Words in s. 22(2) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(2)

F35 Words in s. 22(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(3)

F36 Words in s. 22(4) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(4)(a)

F37 Words in S. 22(4) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(4)(b)

F38 Words in s. 22(4) inserted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 27(c); S.I. 1991/2730, art. 2,Sch.

F39 Words in S. 22(4) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(4)(c)

F40 Words in s. 22(4) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(6)(a)(b)

F41 Words in S. 22(4) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 58(4)(d)

F42 S. 22(5) repealed (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/2730, art. 2, Sch.

Modifications etc. (not altering text)

C7 S. 22 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table