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Paragraph 4 Modification of article 35 (amount of bereavement grant)

United Kingdom

Where death is caused wholly or partly by service in the reserve forces, for article 35 substitute the following article—

“35
(1)

Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.

(2)

Subject to paragraph (3), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.

(3)

Where the person was an active member of the RFPS 2005 F1or the AFPS 2015 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the date of death and the amount specified in paragraph F2(1).

(4)

Where a former member of the reserve forces dies, the bereavement grant is £37,500.

(5)

In the event that there is more than one surviving spouse F3or eligible child entitled to the bereavement grant, the amount to which each such surviving spouse or eligible child is entitled is to be the amount payable, in accordance with the provisions of this article, divided by the number of spouses F4or eligible children so entitled at the date of death of the member or former member of the reserve forces.

F5(5A)

In the case of a bereavement grant payable to an eligible child paragraph (5) applies only where at the time the grant is paid—

(a)

a claim for child's payment has been made by or on behalf of an eligible child; or

(b)

the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.

(6)

In this article—

(a)

“active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995 M1;

(b)

“reserve forces pension scheme” means the F6FTRS 1997, the F7NRPS 2011 or the RFPS 2005.”.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 4 inserted (12.4.2021) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2021 (S.I. 2021/285), arts. 1, 5 (with art. 7)

F2

Word in Sch. 2 para. 4 substituted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 8(a) (with art. 10)

F3

Words in Sch. 2 para. 4 inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), {8(b(i)} (with art. 10)

F4

Words in Sch. 2 para. 4 inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 8(b)(ii) (with art. 10)

F5

Words in Sch. 2 para. 4 inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 8(c) (with art. 10)

F6

Words in Sch. 2 para. 4 substituted (6.4.2026) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2026 (S.I. 2026/272), arts. 1, 9(2)(a)

F7

Words in Sch. 2 para. 4 substituted (6.4.2026) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2026 (S.I. 2026/272), arts. 1, 9(2)(b)

Marginal citations

M1

1995 c. 26.