# The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009, 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—
E 2 −B
(b) there are two or more surviving dependants, the amount of the annual payment shall be—
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—
( 2×E )−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—
(a) where there is only one surviving dependant, the surviving dependant’s actual pension; or
(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.”.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480595/regulation/26 (the official version)
Page: https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.