Regulation 7 Period of payment

England, Wales and Scotland

(1)

Subject to paragraph (2), where periodic compensation is payable under regulation 6 it shall be payable from the day after the member's death.

(2)

Where a surviving dependant

(a)

is an unborn child, periodic compensation shall be payable from the date of the child's birth;

(b)

has left a qualifying course, and payment of periodic compensation has ceased under regulation 7(4)(a), but he begins another qualifying course before attaining the age of F123 F2..., it shall be payable from the date the later qualifying course begins;

(c)

becomes disabled after he has attained the age of 18, periodic compensation shall be payable from the date that the surviving dependant became disabled.

(3)

Except where paragraph (4) applies, periodic compensation shall be paid until the surviving dependant attains the age of 18.

(4)

F3This paragraph applies where the surviving dependant—

(a)

is attending a qualifying course—

(i)

until the surviving dependant leaves the qualifying course; or

(ii)

attains the age of 23;

whichever is the F4earlier; or

(b)

is incapable of engaging in full time paid employment due to a condition that falls within the definition of a disability under the Disability Discrimination Act 1995, until the surviving dependant attains the age of 23.

Annotations

Textual amendments

F1: Words in reg. 7 substituted (coming into force in accordance with reg. 1(4) of the amending S.I.) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), reg. 9(7)
F2: Words in reg. 7(2)(b) omitted (6.4.2023) by virtue of The Occupational Pension Schemes (Pension Protection Fund (Compensation) and Fraud Compensation Payments) (Amendment) Regulations 2023 (S.I. 2023/265), regs. 1, 3
F3: Words in reg. 7(4) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(2), 3(6)(a)
F4: Word in reg. 7(4) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(2), 3(6)(b)