The Armed Forces Pension Regulations 2014

Surviving children’s pensions

72.—(1) If an active member, deferred member or pensioner member dies leaving a surviving eligible child, the eligible child—

(a) is entitled to a child’s earned pension; and

(b) depending on the deceased member’s circumstances, may be entitled to one or more other pensions payable under this scheme.

(2) If the child ceases to be an eligible child after the date of the member’s death, the pension ceases to be payable unless and until the child becomes an eligible child again, but, if the child does not cease to be an eligible child, the pension is payable for life.

(3) This regulation is subject to regulation 75 (children born after the member’s death) and regulation 88 (provisional awards of children’s pensions: later adjustments).

(4) A child’s earned pension is payable under this regulation if—

(a) the member was entitled to immediate payment of a retirement earned pension as at the date of the member’s death; or

(b) the member would have become entitled to a retirement earned pension had the member not died.

(5) If a child’s earned pension is payable under this regulation, a child’s added pension is payable under this regulation if the member was entitled to immediate payment of an added pension (member and dependants) as at the date of the member’s death or would have become entitled to such a pension had the member not died.

(6) The annual rate of the pension or pensions payable under this regulation is calculated under regulation 74 (annual rate of children’s pensions) by reference to the deceased member’s own pension rights.