Regulation 23 Compensation payable on the death of a claimant
Where a person dies after suffering loss of office as a member of a police force, by way of compensation the like payments—
shall be made to or for the benefit of his widow or child;
may be made to any relative who was at the time of his death dependent on him to any degree,
as would or, as the case may be, could have been payable by way of an award under the Police Pensions Regulations—
if he had retired with a pension under those Regulations on the date on which he lost office as a member of a police force; and
in the case of a person who had attained the age of forty years on that date, other than a person who became entitled to retirement compensation under Regulation 17 of these Regulations, if in addition to the pensionable service reckonable under the Police Pensions Regulations he had been entitled to reckon the additional period of pensionable service mentioned in Regulation 21(2) of these Regulations:
Provided that the payments by way of compensation referred to in sub-paragraph ( a) of this paragraph shall not, by reason of sub-paragraph (ii) of this paragraph, exceed those which would have been payable by way of pension or allowance under the Police Pensions Regulations, calculated by reference to the person's average pensionable pay (or, where appropriate, his preserved pensionable pay) immediately before he ceased to serve as a member of a police force, if he had continued to serve as such until he died.
Where a person dies after suffering diminution of emoluments, the preceding paragraph shall apply with the substitution of references to diminution of emoluments for references to loss of office if the compensation calculated in accordance therewith is assessed by reference to the person's average pensionable pay (or, where appropriate, his preserved pensionable pay), but the compensation payable shall be that proportion of the compensation so calculated which the amount by which the person's net emoluments have been diminished (calculated as an annual amount) bears to the amount of his net emoluments:
Provided that no compensation shall be payable in accordance with this paragraph if the said proportion is less than 2½ per cent.
Compensation payable in accordance with this Regulation shall be payable on the like conditions in all respects as the corresponding award under the Police Pensions Regulations and, accordingly, the provisions of those Regulations (including any provision for the commutation of a pension or allowance for a gratuity) shall apply, subject to any necessary modifications, in relation to such compensation as they apply in relation to such an award.
Except where retirement compensation payable to the deceased person has been reduced under Regulation 22(1) of these Regulations, the payments by way of compensation under this Regulation shall, in the aggregate, be reduced by an amount the capital value whereof is equal to the amount of any award by way of return of pension contributions received by him under the Police Pensions Regulations and either not paid to the compensating authority in accordance with the said Regulation 22(1) or refunded to him by that authority; and, where payments under this Regulation are made to or for the benefit of two or more persons, the said reduction shall be apportioned between those payments according to the capital value thereof.
In this and the next following Regulation the expression “child” has the same meaning as in the Police Pensions Regulations and related expressions shall be construed accordingly.