Paragraph 6 Multiple beneficiaries: additional requirementsI1

England and Wales

(1)

This paragraph applies where, under paragraphs 4(3)(a) and 5(b), the eligible decision-maker is to be agreed upon either by multiple eligible adult survivors, or, as the case may be, multiple parents or guardians of eligible child survivors (“the potentially eligible decision-makers”).

(2)

The scheme manager must—

(a)

seek to identify all such potentially eligible decision-makers and inform them of the need to agree who is the eligible-decision maker in respect of the deceased in accordance with this paragraph, and

(b)

provide a notice in respect of the deceased to each potentially eligible decision-maker, setting out—

(i)

the information that would be required to be provided under regulation 4, if the notice were a remediable service statement, and

(ii)

an explanation of the process set out at sub-paragraph (3).

(3)

The potentially eligible decision-makers must—

(a)

unanimously agree upon the eligible decision-maker (“the agreed eligible decision-maker”), and

(b)

communicate the identity of the agreed eligible decision-maker to the scheme manager collectively, in writing, within 6 months of receiving the notice mentioned at sub-paragraph (2)(b).

(4)

If the scheme manager does not receive notice in accordance with sub-paragraph (3)(b) above, the scheme manager becomes the eligible decision-maker immediately after the date for notice in that sub-paragraph expires.

Annotations

Commencement

I1: Sch. para. 6 in force at 1.10.2023, see reg. 1(3)