45Allowances and gratuities to children and dependants

45 Allowances and gratuities to children and dependants

s. 45

Subject to the provisions of this Division—

S. 45(a) amended by Nos 7910
s. 11(2), 40/2010 s. 31(1).

(a) where a member of the force dies whilst in the force, or where a member of the force having been granted a pension dies his children—

(i) who are under the age of eighteen years; or

S. 45(a)(ii) amended by No. 8722
s. 2(d)(i).

(ii) who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students—

and any adult children shall be entitled to allowances as provided in the Fourth Schedule;

S. 45(b) amended by No. 8722
s. 2(d)(ii), substituted by No. 120/1994
s. 8(3), amended by No. 40/2010 s. 31(2)(a).

(b) if a child or adult child of a member of the force is entitled to an allowance under this Division, the ESS Board may grant with the consent—

S. 45(b)(i) amended by No. 40/2010 s. 31(2)(b).

(i) of the member's partner; or

S. 45(b)(ii) amended by No. 40/2010 s. 31(2).

(ii) if there is no partner, the guardian of the child or adult child—

s. 45

a gratuity not exceeding the value of the allowance payable under paragraph (a) as calculated by an actuary appointed by the ESS Board; and

S. 45(c) amended by No. 40/2010 s. 31(3).

(c) where a member of the force dies whilst in the force, or where a member of the force (having been granted a pension) dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his or her duty without his or her own default, the Board may grant a gratuity to any dependant who has been wholly or mainly dependent upon the member or, if there is more than one such dependant, apportion the gratuity between those dependants in accordance with section 45B.

S. 45A inserted by No. 40/2010 s. 32.