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PART VIGENERAL PROVISIONS

Provisions with respect to dependent children

70.—(1) A pension which may be or has been awarded to or in respect of a dependent child of a person who has sustained a qualifying injury may be withheld, or reduced to such extent as the Secretary of State may think fit—

(a)where periodical payments out of public funds are being made to or in respect of the child (not being payments in respect of an injury made under any provision specified in Article 62(3)(e) or (f); or

(b)where the child is being maintained in the Navy, Army or Air Force or in any institution wholly or mainly supported out of public funds.

(2) A pension which may be or has been awarded to or in respect of a dependent child of a female person may be reduced by an amount equal to the weekly value of any payments for the support of the child which are made by, or which it is reasonably practicable to obtain from, the father of the child.

(3) Where a dependent child is living apart from a person to whom a pension in respect of the child may be or has been awarded, and the weekly value of the contributions which that person is making to the support of the child is less than the amount of the pension, the amount of the pension may be reduced to an amount equal to that weekly value.

(4) In this Article “dependent childincludes any person to or in respect of whom a pension may be or has been awarded as being, for the purposes of any provisions of this Scheme, a child of a person who has sustained a qualifying injury.