# THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009, Regulation 43: Lump-sum death grant

Extent: N.I.

(1) On the death of a person while serving as a police officer a lump-sum death grant becomes payable unless an election under regulation 7 not to pay pension contributions had effect at the time of the death.
(2) The grant is payable whether or not any adult survivor’s pension or death gratuity to a dependant of the officer or his estate is payable under regulation 36, 41 or 42 respectively.
(3) The amount of the grant is three times that of the deceased officer’s pensionable pay, expressed as an annual rate—
(a) at the time of death, or
(b) if he was then absent from duty without pay, immediately before that absence began.
(4) The grant is to be paid—
(a) to any surviving spouse or surviving civil partner who qualifies for it; or
(b) if no person is qualified under sub-paragraph (a), and if the Board in their discretion so decide, to a surviving adult partner where the requirements of regulation 37(2)(a) and (b) are met; or
(c) subject to paragraph (4A), if no payment is made under sub-paragraph (a) or (b), and if the Board in their discretion so decide, to a person in respect of whom a nomination by the officer in accordance with regulation 44 had effect at the time of his death; or
(d) otherwise, if the Board in their discretion so decide, to his legal personal representative.
(4A) Unless paragraph (4B) applies, the Board must pay a grant to a person of the description in paragraph (4)(b) if a grant was paid to a different person under paragraph (4)(c) or (d) before this paragraph came into operation.
(4B) This paragraph applies where the Board are of the opinion that the person of the description in paragraph (4)(b) has benefitted from all of the grant paid under paragraph (4)(c) or (d).
(4C) The amount of a grant payable under paragraph (4A) is an amount calculated under paragraph (3), but the Board may pay such a lower amount as they consider appropriate in all the circumstances if they are of the opinion that the person has benefitted from some of the grant paid under paragraph (4)(c) or (d).
(5) A surviving spouse or surviving civil partner qualifies for the grant unless at the time of the death—
(a) the deceased officer and his spouse or, as the case may be, civil partner were separated by an order or decree of a competent court, and
(b) the deceased was not required by such an order to contribute, and was not in fact regularly contributing to, the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner.

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Source: https://www.legislation.gov.uk/nisr/2009/79/regulation/43 (the official version)
Page: https://openlegislation.uk/police-pension-northern-ireland-regulations-2009/regulation-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.