Regulation 146 Persons who may be paid lump sum death grantI1

The scheme manager F1may pay a lump sum death grant to any surviving spouse or surviving civil partner of the member, unless immediately before the member’s death—

If a lump sum death grant is not paid under paragraph (1), the scheme manager may in its discretion pay a lump sum death grant to any surviving adult partner of the member, if the surviving adult partner—

The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.

F3Subject to paragraph (5A), if a lump sum death grant is not paid under paragraph (1) or (2), the scheme manager may in its discretion pay a lump sum death grant to a person nominated under regulation 142 if the nomination has effect at the date of the member’s death.

F4Subject to paragraph (5A), if a lump sum death grant is not paid under paragraph (1), (2) or (4), the scheme manager may in its discretion pay a lump sum death grant to the member’s executors.

Unless paragraph (5B) applies, the scheme manager must pay a grant to a person of the description in paragraph (2) if a grant was paid to a different person under paragraph (4) or (5) before this paragraph came into force.

This paragraph applies where the scheme manager is of the opinion that the person of the description in paragraph (2) has benefited from all of the grant paid under paragraph (4) or (5).

The amount of a grant payable under paragraph (5A) is an amount up to the amount calculated under regulation 149 (meaning of “final pay”), but the scheme manager may pay such lower amount as considered appropriate in all the circumstances if the scheme manager is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5).

For the purpose of an appeal to the sheriff under regulation 197 or an appeal to a tribunal under regulation 198, a surviving spouse or surviving civil partner of a deceased member is taken to claim payment of a lump sum death grant on the date of the member’s death.