Public Service Superannuation Regulations

38 (1) For the purposes of paragraph 11(7)(b) of the Act, full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a child shall be deemed to be or to have been in full-time attendance at a school or university substantially without interruption

• (a) during an absence by reason of a scholastic vacation

  • (i) if immediately after such vacation he begins or resumes full-time attendance at a school or university in the next ensuing academic year,

  • (ii) where it is determined by the Director that the child cannot comply with subparagraph (i) by reason of illness or any other cause that the Director considers reasonable, if he begins or resumes full-time attendance at a school or university, at any time during the academic year immediately following the scholastic vacation, or

  • (iii) where it is determined by the Director that the child cannot comply with subparagraph (ii), if he begins or resumes such full-time attendance in the academic year following that mentioned in subparagraph (i); and

• (b) during an absence occurring in an academic year by reason of illness or any other cause that the Director considers reasonable, if immediately after such absence he begins or resumes full-time attendance at a school or university in that academic year or where it is determined by the Director that the child is unable to do so, if he begins or resumes such full-time attendance in the next ensuing academic year.

(2) Where a child’s absence by reason of illness commences after he has begun an academic year and it is determined by the Director, on evidence satisfactory to him that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university, that child shall, notwithstanding paragraph (1)(b), be deemed to have been in full-time attendance substantially without interruption at a school or university until the end of that academic year.

(3) Where the death of a child occurred while he was absent from school or university by reason of illness or any other cause that the Director considers reasonable, that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance substantially without interruption at a school or university

• (a) until his death, where it occurred during the academic year in which his absence commenced; or

• (b) until the end of the academic year in which his absence commenced, where his death occurred after that academic year.

(4) Where a child ceases to be a child, as defined in paragraph 11(7)(b) of the Act, while he is absent

• (a) during an academic year by reason of illness or any other cause that the Director considers reasonable, or

• (b) during a scholastic vacation,

that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance at a school or university substantially without interruption until he ceased to be a child if, immediately after such absence,

• (c) in the case of an absence referred to in paragraph (a), he begins or resumes such full-time attendance at a school or university in that academic year or where it is determined by the Director that that child is unable to do so, he begins or resumes such full-time attendance in the next ensuing academic year; or

• (d) in the case of an absence referred to in paragraph (b), he begins or resumes such full-time attendance at a school or university in the next ensuing academic year.