Regulation 7 Death benefits: dependants' pensions
At the beginning of regulations K2(2), K2A(3), K3(2), K4(2) (amount of pensions payable to surviving adults and children)f1 insert “Subject to regulation K8 (restriction on the amount of dependants' scheme pensions under Finance Act 2004)”.
In regulation K3 of the Contributory Fund Regulations (pensions for children) in paragraph (5)f2 (meaning of “child” in that regulation)—
for “in relation to any person” substitute “in relation to any deceased person does not include any person who is not a dependant of the deceased person for the purposes of section 167 of the Finance Act 2004 (pension death benefit rules) because paragraph 15(2) or (3) of Schedule 28 to that Act applies to him, but subject to that it”, and
in sub-paragraph (c) for “bodily or mental infirmity” substitute “physical or mental impairment”.
At the end of regulation K5(8) add “or regulation K8”.
In regulation K7(1)f3 after “K2A” , in the second place where it occurs, insert “(before account is taken of regulation K8)”.
After regulation K7 insert—
“Restriction on the amount of dependants' scheme pensions under Finance Act 2004
K8(1)This regulation applies if, apart from this regulation, any part of a pension to which any person becomes entitled under this Part or Schedule 12 on the death of a former participant after reaching the age of 75 would not qualify as a dependants' scheme pension for the purposes of section 167 of the Finance Act 2004 (the pension death benefit rules) (see paragraphs 16 to 16C of Schedule 28 to that Act).
(2)Only so much of the pension as is a dependants' scheme pension for those purposes is payable.”.