Regulation 3 Circumstances in which a premium is not payable
A premium shall not be payable—
in a case where the protected rights in question are in respect of an earner who has died and either—
the earner is not survived by a qualifying widow or widower, or
the earner is survived by a qualifying widower and the earner or the widower or both were under pensionable age when the earner died;
or
in a case where the person in respect of whom it otherwise would be payable is not treated, under section 4 of the Act or under section 29(2) or (2A) of the Social Security Pensions Act 1975, as entitled to any guaranteed minimum pension which derives from the minimum contributions, minimum payments, or transfer payment or payments from which the protected rights in question derive, or is treated as entitled to such a guaranteed minimum pension at a nil rate.
In paragraph (1)(a), “qualifying widow or widower” means a widow or widower of the earner who at the date of the earner’s death either—
is aged 45 or over; or
is entitled to child benefit in respect of a child under 18 who is, or residing with a child under 16 who is—
a son or daughter of the widow or widower and the earner, or
a child in respect of whom the earner immediately before his death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
if the widow or widower and the earner were residing together immediately before the earner’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit.