{
  "url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997/regulation-5",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997/regulation-5.json",
  "legislation": "uksi/1997/578",
  "legislation_title": "The Local Government Pension Scheme (Amendment) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Payment of lump sum death grant",
  "text": "The principal Regulations are amended by substituting for regulation E8 the following—\n“E8 (1) Subject to paragraph (5), the administering authority shall have power, at their discretion, to pay or apply the whole or any part of the lump sum death grant payable under regulation E1(1), E2(1), E3(1) or E4(1) to or for the benefit of all or any of the surviving spouse, children, dependants, relatives, personal representatives or nominated beneficiaries of the deceased member in such shares as the administering authority shall in their absolute discretion decide.\n(2) The administering authority may, but without being in any way bound to do so, have regard to any nomination made by the member.\n(3) A nomination shall be made by notice in writing to the administering authority in such form as the administering authority may from time to time require and shall be revocable.\n(4) A nomination shall be revoked by any subsequent nomination which complies with the requirements referred to in paragraph (3).\n(5) If or to the extent that the lump sum death grant has not been paid by the expiry of the period of two years following the death of the member, it shall be paid by the administering authority to his personal representatives.\n(6) For the purposes of this regulation—\n(a) “member” includes a former member who is a person referred to in regulation E2(1), E3(1) or E4(1);\n(b) “nominated beneficiary” means an individual or an unincorporated or incorporated body nominated by the member in any nomination made by him in respect of the lump sum death grant which was in force at the time of his death; and\n(c) “relative” means any living individual who is—\n(i) a parent of the member or the spouse or surviving spouse of any such person; or\n(ii) the child or remoter issue of such parent or the spouse or surviving spouse of any such person; or\n(iii) a former spouse of the member.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation E8 was added by S.I. 1996/1428."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/578/regulation/5",
    "retrieved_at": "2026-10-29T12:23:29.554448+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}