# The Financial Assistance Scheme Regulations 2005, Regulation 32: Payments to estates where a person in receipt of a payment from a scheme dies prior to entitlement and prior to transfer of assets


(1) This regulation applies where—
(a) a person in respect of whom an asset share has been determined dies on or after the calculation date and prior to the day on which the transfer notice is given;
(b) that person was not entitled to an annual payment or an ill health payment on the day on which that person died;
(c) that person was receiving a present payment from the scheme immediately before the day on which the person died; and
(d) the scheme manager is satisfied that the amount of any interim pension from the scheme paid to that person in respect of any year from the later of—
(i) the day on which the person began to receive a payment from the scheme; and
(ii) the day on which the scheme began to wind up,
until the day on which the person died is lower than the sum of the notional pension and any annual increases which the scheme manager has determined under regulation 27 could be paid, in respect of that year.
(2) Where this regulation applies, the scheme manager may, after the transfer notice has been given, make a payment to the person’s estate, having regard to—
(a) the amount of any interim pension which was paid to the person;
(b) the amount of the sum of—
(i) the notional pension; and
(ii) any annual increases determined in accordance with regulation 27; and
(c) such other matters as the scheme manager considers relevant.

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Source: https://www.legislation.gov.uk/uksi/2005/1986/regulation/32 (the official version)
Page: https://openlegislation.uk/financial-assistance-scheme-regulations-2005/regulation-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.