# The Pension Protection Fund (Compensation) Regulations 2005, 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.

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Source: https://www.legislation.gov.uk/uksi/2005/670/regulation/9 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-compensation-regulations-2005/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.