# The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010, Article 22: Death in service gratuity payment

Extent: E+W+S+N.I.

(1) Where a person to whom a lump sum would have been payable under article 17(2) dies in service the lump sum will be paid as follows—
(a) if the person leaves a surviving spouse, civil partner or eligible partner the gratuity shall be paid to that person;
(b) if the person leaves no surviving spouse, civil partner or eligible partner, the gratuity may be divided equally among any eligible children;
(c) if the person leaves no surviving spouse, civil partner or eligible partner, nor any eligible children, the Secretary of State may pay a lump sum to that person’s personal representatives.
(2) Any lump sum payable under paragraph (1) shall not be subject to any deductions under article 19(1).
(3) Where the deceased is not a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General or the Chaplain in Chief (RAF), the lump sum payable under this article is—
(a) equal to three times the representative rate of pay based on the number of whole years served under the AFPS 1975; or
(b) if greater, the amount of gratuity the deceased would have received had the deceased been invalided at the date of death.
(4) Where the deceased is a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General, or the Chaplain in Chief (RAF), the deceased is deemed to have held the rank of lieutenant commander, major or squadron leader, for the purposes of calculating the representative rate for the lump sum.

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Source: https://www.legislation.gov.uk/uksi/2010/832/article/22 (the official version)
Page: https://openlegislation.uk/armed-forces-redundancy-resettlement-and-gratuity-earnings-schemes-no-2-order-2010/article-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.