# The Justices of the Peace Act 1968 (Compensation) Regulations 1969, Regulation 25: Compensation payable to wido or dependants of a claimant


(1) Payments in accordance with this Regulation and Regulations 26 and 27 shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of a person to whom this Part of these Regulations applies.
(2) If the widow, child or other dependant of that person might have become entitled to a pension under his last relevant pension scheme, the widow, child or other dependant, as the case may be, shall be entitled to receive an annual sum equal to the prescribed proportion of any retirement compensation by way of annual amounts payable to the person under Regulation 19, 20 or 21 immediately before his death or, if he dies before becoming entitled to receive compensation under any of those Regulations, the prescribed proportion of the compensation by way of annual amounts which he would have received under Regulation 20 had he become entitled thereto immediately before his death:
Provided that—
(i) where any retirement compensation has been surrendered under Regulation 18(5) or compounded under Regulation 35, any sum payable under this Regulation shall be calculated as if such surrender or compounding had not taken place;
(ii) where the pension scheme provides for payment of the pension to any person on behalf of a child or other dependant, any annual sum payable as aforesaid to a child or other dependant shall be paid to that person on behalf of the child or dependant in the like manner and for the like period as is provided in the pension scheme;
(iii) in calculating the sum payable as aforesaid, it shall be assumed that the retirement compensation payable, or which would have been payable, to a person under Regulation 19, 20 or 21 was such sum as would have been payable if the accrued pension or accrued incapacity pension had not been reduced by reason of the provisions of any Act relating to National Insurance.
(3) Any annual sum payable to or for the benefit of a widow, child or other dependant under this Regulation shall cease to be payable in any circumstances in which a corresponding pension under the pension scheme referred to in paragraph (2) would have ceased to be payable.
(4) Except where the compensation has been reduced under Regulation 23, compensation payable under this Regulation and Regulation 26 shall in the aggregate be reduced by an amount the capital value whereof is equal to the amount of any superannuation contributions as defined in Regulation 23(2) returned to the person in respect of whom the compensation is payable and either not paid to the paying authority or repaid to him by the paying authority, the compensation under each such Regulation being reduced in proportion to the capital value of each amount.
(5) This Regulation shall apply in the case of a person who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, and the annual sum payable to a widow, child or other dependant of such a person shall be calculated as if he had lost emoluments equivalent to the amount of the diminution:
Provided that no sum shall be payable under this paragraph—
(i) if the emoluments have been diminished by less than 2½ per cent.; or
(ii) if the person has continued to pay superannuation contributions as if his emoluments had not been diminished.
(6) In this Regulation “prescribed proportion” means the proportion which, under the relevant pension scheme, the pension payable to the widow, child or other dependant of any person, as the case may be, bears to the person's pension.

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Source: https://www.legislation.gov.uk/uksi/1969/398/regulation/25 (the official version)
Page: https://openlegislation.uk/justices-of-the-peace-act-1968-compensation-regulations-1969/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.