Article 81 Additional survivor's guaranteed income payment

(1)

This article applies where for any period before 9th May 2011 a surviving spouse, civil partner or surviving adult dependant was —

(a)

in receipt of survivor's guaranteed income payment; or

(b)

entitled to survivor's guaranteed income payment, but survivor's guaranteed income payment was not payable due to the reduction of that payment under article 31(3) of the AFCS 2005.

(2)

The Secretary of State is to award an additional survivor's guaranteed income payment in accordance with this article.

(3)

The additional survivor's guaranteed income payment is—

(a)

where paragraph (1)(a) applies, (A–B)–C;

(b)

where paragraph (1)(b) applies, A–B.

(4)

In this article —

(a)

“A” is the total amount of survivor's guaranteed income payment which would have been payable (irrespective of any deduction for income tax) if the annual amount had been calculated in accordance with article 34, and—

(i)

where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and

(ii)

where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6).

(b)

“B” is the adjustment of the total amount determined in accordance with article 39(4).

(c)

“C” is the amount of survivor's guaranteed income payment paid from the date payment commenced until the date specified in paragraph (5).

(5)

The date referred to in paragraphs (4)(a)(i) and (4)(c) is whichever is the earlier of —

(a)

the date of death of the surviving spouse, civil partner or surviving adult dependant; or

(b)

8th May 2011.

(6)

The period referred to in paragraph (4)(a)(ii) is the period—

(a)

commencing with whichever is the later of—

(i)

the day after the date of death of the former member; or

(ii)

the date of claim; and

(b)

ending with whichever is the earlier of the dates in paragraph (5).