The Local Government Superannuation (Amendment) Regulations 1992

Entitlement to children’s short term and long-term pensions

4.  The principal Regulations are amended by substituting for regulation E8 the following:

“E8.— (1) Subject to paragraph (4A), if at the time of a person’s death that person—

(a) was entitled to receive payments in respect of a retirement pension, or

(b) would have been so entitled but for the operation of regulation E15 (re-employed pensioners), or

(c) was a pensionable employee,

• and leaves one or more eligible children, they are, subject to paragraphs (3) and (4), entitled to or to the benefit of a children’s short-term pension for 6 months after the death and then a children’s long-term pension until they cease to be children.

(2) Subject to paragraph (4A), if at the time of a person’s death that person was not a pensionable employee and—

(a) was entitled to preserved benefits, or

(b) was in a local government employment and would have been so entitled if he had ceased to hold that employment immediately before that time,

• and leaves one or more eligible children, they are, subject to paragraph (4), entitled to or to the benefit of a children’s long-term pension until they cease to be children.

(3) No children’s short-term pension is payable while—

(a) a widow’s short-term pension is payable under regulation E5(1);

(b) a widower’s short-term pension is payable under regulation E5(1), unless the rate of the children’s short-term pension would be greater than that of the widower’s short-term pension; or

(c) a widow’s or widower’s special short-term pension is payable under regulation E7(1),

• unless the child is not in the care of the widow or widower, in which case the children’s short-term pension is payable for 3 months after the death and then a children’s long-term pension is payable.

(4) There is no entitlement to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if the deceased became entitled to a retirement pension by virtue of regulation E2(2).

(4A) Where the person who dies is a woman (other than one to whom paragraph (1)(a) of regulation E12 applies or in respect of whom an election under paragraph (1)(b) or (2)(b) of that regulation has effect), this regulation shall only apply if her death occurs on or after 6th April 1988.”.