(a) is not payable if, at the date of the deceased's death, the person to whom it would (apart from this sub-paragraph) have been payable is living with someone as if they were husband and wife or as if they were civil partners, and

(b) ceases to be payable when the person to whom it was payable marries, forms a civil partnership or begins to live with someone as if they were husband and wife or as if they were civil partners.".

" (e) in the case of a person who dies at any time leaving a surviving civil partner who is not entitled to a pension as a surviving civil partner at a higher rate under these Regulations, the surviving civil partner is entitled to a pension in the circumstances and for the period set out in or prescribed under section 13 of the Pensions Act.".

" (a)


(i) where his pensionable employment terminates before 5th December 2005, he had completed periods of the kinds described in Schedule 8 totalling at least 5 years, excluding any contributions refund period, or

(ii) where his pensionable employment terminates on or after 5th December 2005, he had completed periods of the kinds described in Schedule 8 totalling at least 2 years, excluding any contributions refund period, and".

" (d) was on unpaid maternity, paternity or adoption leave or parental leave,".

" (a) if the deceased is survived by one widow, a widower or a surviving civil partner, to the widow, widower or surviving civil partner,".

" (a) if the deceased is survived by one widow, a widower or a surviving civil partner, to the widow, widower or surviving civil partner.".

" (a) his legitimate or illegitimate child born during his lifetime or within 12 months of the date of his death or his adopted child, or".

(a) a parent, brother or sister of the appointor who is not married or is not a civil partner and has never been married or a civil partner, and

(b) a parent, step-parent, brother or sister of the appointor who is widowed or is a surviving civil partner.".

" (a) if the person nominated dies, marries or forms a civil partnership; or

(b) if the appointor marries or forms a civil partnership.".

(a) was in pensionable employment at any time after 31st March 1972, and

(b) had relevant service (within the meaning of regulation E27) amounting to—


(i) at least 5 years in a case where the deceased ceased to be in pensionable employment before 6th April 1988, or

(ii) at least 2 years in a case where the deceased was in pensionable employment at any time after 5th April 1988.

    (2) This paragraph applies on the death of a person (the "deceased") who—

(a) was in pensionable employment at any time after 31st March 1972, and

(b) was qualified for retirement benefits.

    (3) Where paragraph (1) applies, a long-term pension (determined in accordance with regulation E28) is payable to the deceased's surviving spouse, his surviving civil partner or, where the conditions in paragraph (4) are satisfied, his nominated beneficiary.

    (4) But where paragraph (1) applies, and the deceased is a woman, a long-term pension (determined in accordance with regulation E28) is payable to her widower and, where the conditions in paragraph (5) are satisfied, her nominated beneficiary.

    (5) The conditions in this paragraph are that at the date of the deceased's death—

(a) the nomination under regulation E23 had effect, and

(b) the nominated beneficiary was wholly or mainly financially dependent on the deceased.

    (6) Where paragraph (1) or (2) applies, a long-term pension (determined in accordance with regulation E29) is payable to, or for the benefit of, a surviving child of the deceased or jointly to, or for the benefit of, his surviving children.

    (7) But where, following the death of more than one person, more than two long-term pensions would (apart from this paragraph) be payable to, or for the benefit of, the same child, only the two pensions which are greatest in value are payable to, or for the benefit of, that child.".

(a) any period of pensionable employment after 5th April 1988;

(b) any period beginning after 5th April 1988 in respect of which additional contributions have been paid under regulation C6 or C7;

(c) any period in respect of which additional contributions have been paid under regulation C3 or C4 in accordance with an election made on or after 6th April 1988;

(d) any period of reckonable service in respect of which family benefit contributions have been paid under Part IIA of Schedule 6 or are treated as having been paid under Part III of that Schedule in respect of an election made under Part IIA of that Schedule;

(e) where a transfer value has been accepted in respect of comparable service, any period which consists of or is attributable to service after 5th April 1988; and

(f) where the deceased entered pensionable employment after 5th April 1988 and a transfer value (other than one mentioned in sub-paragraph (e)) was accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value.".

(a) a man, or

(b) a woman whose nomination under regulation E23 ceased to have effect when she formed a civil partnership,

the annual rate of the children's pension is the appropriate fraction of the deceased's average salary multiplied by the sum of the notional family benefit service and the additional family benefit period.".

(a) is not payable if, at the date of the deceased's death, the person to whom it would (apart from this sub-paragraph) have been payable is living with someone as if they were husband and wife or as if they were civil partners, and

(b) ceases to be payable when the person to whom it was payable marries, forms a civil partnership or begins to live with someone as if they were husband and wife or as if they were civil partners.".

(a) Where a written application is made to the Department, a benefit that does not consist of a single payment may be paid quarterly.

(b) The first payment under this paragraph is to be made two months after the day on which it would have been made if no such application had been made, and subsequent payments, if any, are to be made at quarterly intervals thereafter.

(c) In relation to a payment made under this paragraph


(i) paragraphs (5) and (6) shall have effect as if for "month" there were substituted "quarter", and

(ii) paragraph (7) shall have effect as is for "(A/12)" and "month" there were substituted "(A/4)" and "quarter" respectively.".

(a) a civil partner, and

(b) in pensionable employment.

    (2) A qualifying person may by giving notice in writing to the Department before the end of the election period elect to pay family benefit contributions attributable to a period of his reckonable service which ended before 6th April 1988.

    (3) If a qualifying person dies before the end of the election period without making an election under sub-paragraph (2), his surviving civil partner may by giving notice in writing to the Department within 3 months of the qualifying person's death elect to pay family benefit contributions attributable to a period of the qualifying person's reckonable service which ended before 6th April 1988.

    (4) The election period begins on the day on which a person first becomes a qualifying person (in respect of each civil partnership he forms) and ends on the earlier of the day on which—

(a) any election he makes under regulation B4 has effect, and

(b) he has been a qualifying person for a continuous period of 6 months.