The Armed Forces Pension Scheme Order 2005 No. 438

[F1 Schedule 3 U.K. Remediable Service

Textual Amendments

F1 Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2

Part 8 U.K. Provision about special cases

Chapter 1 U.K. Child pensions in payment

Protection of the amount of pension payable to an eligible child U.K.

58.— (1) This paragraph applies where—

(a) a child pension is in payment to an eligible child (“E”) in respect of the remediable service of a deceased member (“M”),

(b) the eligible decision-maker specified in Part 10 makes an immediate choice decision or a deferred choice decision under the provisions of this Schedule or the Schedule to the EDP 2005 Order which would (disregarding this paragraph) result in a decrease in the rate of child pension payable to E in respect of M’s remediable service, and

(c) the eligible decision-maker does not live in the same household as E.

(2) Where this paragraph applies—

(a) E does not owe the Scheme manager a liability under section 14(3) of PSPJOA 2022 in respect of the child pension, and

(b) the rate of child pension continues to be the rate that was payable before the decision was made.

(3) For the purposes of this paragraph—

(a) a child’s pension means—

(i) a pension under rule E.8 of Schedule 1;

(ii) a pension under regulation 72 of the AFP Regulations 2014.]