11 Amendment of regulation H1 of the Pension Scheme Regulations
1 Regulation H1 of the Pension Scheme Regulations (dependent child) is amended in accordance with this regulation.
2 In paragraphs (3)(b), (c) and (d) and (4), after “aged 17 or over” insert “but has not reached the age of 23”.
3 After paragraph (3)(d), add—

“(e) aged 17 or over but has not reached the age of 23 and is incapable of earning a living because of permanent physical or mental infirmity from which he started to suffer whilst qualifying as a dependent child; but such a person will only be treated as a dependent child for so much of the period commencing with the day on which he attains the age of 17 and ending immediately before the day on which he attains the age of 23, during which he remains incapable of earning a living.”

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4 In paragraph (6), omit “or from which he started to suffer whilst qualifying as a dependent child”.
5 After paragraph (6), add—

“7 Where—
(a) a dependent child became entitled to a child allowance under regulation H2 before 6th April 2006; or
(b) the dependency of a child born on, or before, 5th April 2007 is to be assessed in respect of a person who became entitled to a pension under regulations E1 to E5 or L1 before 6th April 2006,
paragraphs (3)(b),(c) and (d) and (4) shall be read as if they did not include the words “but has not reached the age of 23”, paragraph (3)(e) shall not apply and paragraph (6) shall be read as if it included the words “or from which he started to suffer whilst qualifying as a dependent child” after the words “member died.”

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