Regulation 26 Amendment of Schedule 2 – surviving dependants of qualifying members

After paragraph 5A of Schedule 2 (payment for an entitlement under regulation 17C) insert—

“Surviving dependants of qualifying members

5B.

(1)

The annual payment payable to a surviving dependant of a qualifying member shall be determined in accordance with sub-paragraphs (2) to (5).

(2)

Where an annual payment is also payable to a survivor of the qualifying member and—

(a)

there is only one surviving dependant, the amount of the annual payment shall be—

$$\genfrac{}{}{0.1ex}{}{E}{2}-B$$

(b)

there are two or more surviving dependants, the amount of the annual payment shall be—

$$\genfrac{}{}{0.1ex}{}{E-B}{N}$$

(3)

Where the qualifying member does not have a survivor and—

(a)

there is only one surviving dependant, the amount of annual payment shall be—

$$E-B$$

(b)

there are two or more surviving dependants, the amount of the annual payment shall be—

$$\genfrac{}{}{0.1ex}{}{\left(2\times E\right)-B}{N}$$

(4)

Where—

(a)

a survivor of a qualifying member, who is not a person who is treated as a survivor under regulation 37 of the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009, dies; or

(b)

a person ceases to be a surviving dependant of a qualifying member,

the annual payment payable to a surviving dependant of that qualifying member shall be redetermined with effect from the day after the day on which the survivor died or the person ceased to be a surviving dependant.

(5)

In this paragraph—

• “B” means—

  1. (a)

     where there is only one surviving dependant, the surviving dependant’s actual pension; or

  2. (b)

     where there are two or more surviving dependants, the sum of the actual pensions of all the surviving dependants of that qualifying member;

• “E” means one half of the sum of $G+H$;

• “G” means the product of 0.9 multiplied by the expected pension which has been or could have been determined in respect of the survivor in accordance with paragraph 5(3);

• “H” means the aggregate of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled before the day on which the qualifying member died;

  and

• “N” means the number of surviving dependants of that qualifying member.”.