# The Justices of the Peace Act 1968 (Compensation) Regulations 1969, Regulation 26: Compensation where death grnt would have been payable


(1) If the widow or the personal representatives of a person to whom this Part of these Regulations applies, or trustees empowered by such a person to stand possessed of any benefit under his last relevant pension scheme, might have become entitled to a death grant under that scheme, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with the provisions of Regulation 25(4) and paragraph (2) of this Regulation.
(2) The amount of the sum referred to in paragraph (1) shall be ascertained in accordance with the method of calculation prescribed by the last relevant pension scheme for the ascertainment of death grant as if the person had died immediately before losing his employment, subject to the following modifications—
(a) except where the person had been in receipt of retirement compensation under Regulation 21, account shall be taken of any additional years of service or period of contribution credited to him under Regulation 18(2)—
(i) in the case of a person who had been in receipt of retirement compensation under Regulation 20, to the extent of the period between the loss of employment and the date of the claim made under that Regulation; and
(ii) in any other case, to the extent of the period between the loss of employment and the person's death;
(b) if the number of years of the person's service or period of contribution is less than the minimum number of years of qualifying service or period prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the person's pensionable service or period of contribution bears to the minimum number of years of qualifying service or period prescribed by the pension scheme; and
(c) there shall be deducted from such sum the amount of any retirement compensation paid to the person under Regulation 19, 20 or 21, or, where any part of the compensation had been surrendered under Regulation 18(5), the amount which would have been so paid but for any such surrender.
(3) For the purpose of calculating such death grant, an annual sum payable to or for the benefit of a widow, child or other dependant under Regulation 25 shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be.
(4) 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 sum payable to the widow or personal representatives 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.

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Source: https://www.legislation.gov.uk/uksi/1969/398/regulation/26 (the official version)
Page: https://openlegislation.uk/justices-of-the-peace-act-1968-compensation-regulations-1969/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.