Judicial Pensions Act 1981

22 Children's pension: rate and mode of payment

(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 the Minister 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 the Minister from time to time directs.

(2) Where the deceased leaves no widow and, if he leaves a widow, after 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, 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 leaves a widow who remarries, no children's pension shall be payable as respects any period when she has a husband unless the Minister specially directs that such a pension shall be so payable, but, if the Minister does specially so direct, he way, if he thinks fit, further direct that subsection (2) above shall apply as respects any such period notwithstanding that the widow is alive.

(5) Where the deceased was a woman, subsection (2) above shall apply as it applies where the deceased was a man leaving no widow and subsections (3) and (4) above shall not apply.