The Teachers' Pensions (Miscellaneous Amendments) Regulations 2006

Amendment of the 1997 Regulations

18.  In regulation E22—

(a) in paragraph (5)—

(i) omit “or” at the end of sub-paragraph (a), and

(ii) omit sub-paragraph (b).

(b) in paragraph (6)(b) after “having attained that age” insert “but not having attained the age of 23”;

(c) for paragraph (6)(c) substitute the following paragraph—

“(c) was, at the date of death of the person referred to in paragraph (5), dependent on that person because he was incapacitated.”;

(d) after paragraph (9) insert the following paragraphs—

“(10) In relation to—

(a) a child who was entitled to a pension under regulations E24 to E30 on 5th April 2006, and

(b) provision to or for the benefit of a child of a person who was entitled to payment of retirement benefits under regulation E4 on 5th April 2006,

paragraphs (5) and (6) shall have effect with the modifications specified in paragraph (11).

(11) The modifications are—

(a) in paragraph (5) at the end insert “or accepted by him as a member of the family and wholly or mainly dependent on him”;

(b) in paragraph (6)—

(i) omit “but not having attained the age of 23” in sub-paragraph (b), and

(ii) for sub-paragraph (c) substitute the following sub-paragraph—

“(c) having ceased while incapacitated to fall within sub-paragraph (a) or (b), he continues to be incapacitated.”.”.