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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

Eligible children
This section has no associated Explanatory Notes

63(1)A “child”, in relation to a deceased individual, includes—

(a)an adopted child, and

(b)a stepchild who, when the deceased died, was—

(i)financially dependant on the deceased, or

(ii)dependant on the deceased because of physical or mental impairment.

(2)A deceased’s child is an “eligible child” for any period starting on or after the date of the deceased’s death during which any of the following conditions are met—

Condition 1The child is born and aged 17 or under.
Condition 2

The child—

(a)

is aged over 17 but under 23,

(b)

was, when the deceased died—

(i)

financially dependant on the deceased, or

(ii)

aged 17 or under, and

(c)

would, in the opinion of the Fund trustees, be financially dependant on the deceased had the deceased survived.

Condition 3

The child—

(a)

was dependant on the deceased because of physical or mental impairment when he or she died, and

(b)

would, in the opinion of the Fund trustees, still be so dependant had the deceased survived.

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