Protection of the amount of pension payable to an eligible child
53.—(1) This regulation applies where—
(a)immediately before 1st October 2023, benefits are in payment to an eligible child (“E”) in respect of the remediable police service of a deceased member,
(b)there is a surviving adult (“S”) in relation to the deceased member,
(c)S does not have parental responsibility for E, and
(d)S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the amount of benefits payable to E in relation to M’s remediable police service.
(2) Where this regulation applies—
(a)E does not owe the scheme manager a liability under section 14(3) in respect of benefits received in relation to M’s remediable police service, and
(b)the amount of benefits payable continues to be the amount that was payable before the election was made.