Regulation 9 Special provision in relation to pensions in payment to survivors
Where immediately before the assessment date—
(a)
a person is entitled to present payment of a pension under the scheme rules;
(b)
that pension is attributable to the pensionable service of a member of the scheme who has died; and
(c)
the effect of disregarding rules within paragraphs (a) and (b) of paragraph 35(2) of Schedule 7 to the Act, is that the person is not entitled to compensation under paragraph 3(2) (pensions in payment at assessment date) by reason of the pension or a part of the pension,
that person shall be treated, for the purposes of the pension compensation provisions, as entitled, immediately before the assessment date, to present payment of a pension under the admissible rules.