{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-and-additional-voluntary-contributions-amendment-regulations-2017/regulation-52",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-and-additional-voluntary-contributions-amendment-regulations-2017/regulation-52.json",
  "legislation": "uksi/2017/275",
  "legislation_title": "The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-and-additional-voluntary-contributions-amendment-regulations-2017",
  "path": "regulation/52",
  "kind": "regulation",
  "number": "52",
  "heading": "Amendment of regulation 28",
  "text": "After paragraph (6) of regulation 28 (ill-health benefits: members below old scheme normal pension age), insert—\n“(6A) Paragraphs (6B) and (6C) apply if a member receiving an ill-health pension under this regulation dies before reaching the old scheme normal pension age.\n(6B) If a surviving adult dependant of the member is entitled to a pension in accordance with regulation 116 (amount of pension: survivor of pensioner member) of the 2015 Regulations the annual rate of the adult survivor pension payable under paragraph (4)(a) of that regulation is the sum of—\n(a) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme; and\n(b) if the member—\n(i) was an active member of the 1995 Section before becoming an active member of the new scheme, 16.25% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or\n(ii) was an active member of the 2008 Section before becoming an active member of the new scheme, 3.75% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.\n(6C) If a child’s pension becomes payable in respect of an eligible child of the member in accordance with regulation 124 (amount of child pension: deceased pensioner member) of the 2015 Regulations the basic death pension for the purposes of paragraph (3)(a) of that regulation is the sum of—\n(a) 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme; and\n(b) if the member—\n(i) was an active member of the 1995 Section before becoming an active member of the new scheme, 32.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or\n(ii) was an active member of the 2008 Section before becoming an active member of the new scheme, 7.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/275/regulation/52",
    "retrieved_at": "2026-10-28T23:14:02.697107+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."
}