Paragraph 30 Limitation where spouses or civil partners living apartI1

Northern Ireland

(1)

A surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under articles 25 and 26 to 29.

(2)

Except where paragraph (3) applies, a surviving spouse or civil partner who but for paragraph (1) would be entitled to a pension under article 25 or 26 is entitled instead to a requisite benefit pension calculated in accordance with Part IV of Schedule 3.

(3)

Where—

(a)

the surviving spouse or civil partner would but for paragraph (1) be entitled to a pension under article 25 or 26; and

(b)

at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse or civil partner is entitled to a pension of the appropriate amount.

(4)

Relevant contributions are contributions paid or payable—

(a)

for the support of the spouse or civil partner; or

(b)

to the spouse or civil partner for the support of a child of the spouse’s or civil partner’s,

the amount of which exceeds that of the requisite benefit pension that would otherwise be payable under paragraph (2).

(5)

The appropriate amount is the lesser of—

(a)

the amount of a pension calculated in accordance with, as the case may be, article 25 or 26; and

(b)

the amount of the relevant contributions.

(6)

The Board may determine that, for such period as it thinks fit, a pension under paragraph (2) or (3) shall be paid at an increased rate, not exceeding that of the pension which would have been payable but for paragraph (1).

(7)

Where but for paragraph (1) the surviving spouse or civil partner would be entitled to a gratuity, the Board may decide that the gratuity be paid in whole or part.

Annotations

Commencement

I1: ANNEX Scheme Pt. C art. 30 in operation at 1.4.2006, see art. 1(2)