MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965

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MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965 - SECT 9

Children's pensions.

9.(1) Subject to the provisions of this section, a children's pension shall be
paid thereunder for the benefit of any relevant child or children of a person
who dies after the commencement of this Act being or having been married, if
at the time of the death the condition set out in paragraph (a) or paragraph
(b) of section 7(1) was satisfied in the case of the deceased.

(2) In this section "child", in relation to any person, includes an
illegitimate child, a step-child or an adopted child, and "relevant child"
means (subject to the provisions of Schedule 3) any child of the deceased, or
of any wife or husband of the deceased, who

(a)is under sixteen years of age; or

(b)is under twenty-two years of age, and is within his period of full-time
education as defined by Schedule 3; [; or

(c)was at the time of the deceased's death wholly or mainly dependent on
the deceased and was at that time and has at all times since been either

(i)a person falling within paragraph (a) or (b); or

(ii)incapable, and likely to remain permanently incapable, by reason of bodily
or mental infirmity of earning his own living,

(c)so, however, that a children's pension shall not be payable by virtue of
this paragraph for the benefit of any person for any period during which that
person is maintained out of money provided by Parliament in a hospital or
similar institution so maintained.]

(3) Subject to subsection (4), the annual amount of a children's pension under
this section shall be a sum equal to one-eighth of the annual amount of
the personal pension of the deceased for each relevant child not exceeding
four; and for the purposes of this section "the personal pension" means the
pension to which the deceased was entitled under section 6 or, as the case may
be, to which he would have been so entitled if he had attained the age of
sixty-five years, or attained that age and ceased to be a member of the House
of Commons, immediately before his death.

(4) In any of the following circumstances, that is to say

(a)where the deceased left no widow or widower;

(b)where the deceased left a widow or a widower entitled to a pension under
section 8, and that widow or widower has died;

(5) Where the deceased left a widow, or a widower entitled to a pension under
section 8, and either

(a)in the case of a widow, the widow's pension under section 7 ceases to be
payable, or is not payable, in consequence of her remarriage or under
subsection (4) of that section; or

(b)in the case of a widower, the widower's pension is terminated under
section 8(3) in consequence of his remarriage,

(6) A children's pension under this section shall be paid to or distributed
between such person or persons as the Trustees may from time to time direct,
and shall be applied by that person or those persons, without distinction, for
the benefit of the relevant children or such of them as the Trustees may from
time to time direct.[

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Northern Irish Legislation

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965 - SECT 9