{
  "url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-26",
  "json_url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-26.json",
  "legislation": "ukdsi/2009/9780111480595",
  "legislation_title": "The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009",
  "path": "regulation/26",
  "kind": "regulation",
  "number": "26",
  "heading": "Amendment of Schedule 2 – surviving dependants of qualifying members",
  "text": "After paragraph 5A of Schedule 2 (payment for an entitlement under regulation 17C) insert—\n“Surviving dependants of qualifying members\n5B. (1) The annual payment payable to a surviving dependant of a qualifying member shall be determined in accordance with sub-paragraphs (2) to (5).\n(2) Where an annual payment is also payable to a survivor of the qualifying member and—\n(a) there is only one surviving dependant, the amount of the annual payment shall be—\nE 2 −B\n(b) there are two or more surviving dependants, the amount of the annual payment shall be—\nE−B N\n(3) Where the qualifying member does not have a survivor and—\n(a) there is only one surviving dependant, the amount of annual payment shall be—\nE−B\n(b) there are two or more surviving dependants, the amount of the annual payment shall be—\n( 2×E )−B N\n(4) Where—\n(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\n(b) a person ceases to be a surviving dependant of a qualifying member,\nthe 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.\n(5) In this paragraph—\n“B” means—\n(a) where there is only one surviving dependant, the surviving dependant’s actual pension; or\n(b) where there are two or more surviving dependants, the sum of the actual pensions of all the surviving dependants of that qualifying member;\n“E” means one half of the sum of G+H ;\n“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);\n“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;\nand\n“N” means the number of surviving dependants of that qualifying member.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111480595/regulation/26",
    "retrieved_at": "2026-10-30T14:57:10.208862+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}