Rule 4 Payment of benefitsI1I2

All pensions and other benefits shall be payable in such manner and at such places as the F1Minister for the Civil Service decides, and shall be subject to such proof of title and evidence of survival as the Minister for the Civil Service requires. Subject to Part IX (Overriding Finance Act Provisions) of this Schedule, no part repayment is necessary on the Pensioner’s death (except where a payment is made in error due to late notification of the death).

The Minister for the Civil Service may, subject to Part IX (Overriding Finance Act Provisions) of this Schedule and in addition to the provisions of the Rules, pay any of the following benefits to Members—

where the terms “trivial commutation lump sum”, “serious ill-health lump sum”, “winding-up lump sum”, “refund of excess contributions lump sum” and “lifetime allowance excess lump sum” have the meanings given to them under the Finance Act 2004 and the term “contributions refund lump sum” has the meaning given to it in the Finance Act 2009^f2. The Minister for the Civil Service may reduce the amount of the payment by that of any tax or charge for which they may be accountable.

If the Minister for the Civil Service is satisfied that a beneficiary is unable by reason of minority, mental incapacity or other cause to manage his or her own affairs the Minister for the Civil Service may at its discretion pay any benefits to which the beneficiary is entitled to any other person for the benefit of that beneficiary, and payment to such other person shall be a complete discharge of the Minister for the Civil Service who shall not be under any obligation or liability to see to the application of any sums so paid. The Minister for the Civil Service may also make for the beneficiary any choice which he has under the RMSPS but shall be under no obligation to do so. In neither event shall the Minister for the Civil Service incur any consequential liability to the beneficiary or to anyone else.

Where the Minister for the Civil Service is due to pay, or has exercised his discretion under General Rule 6(2)(a) (Member’s power to place benefits within the Secretary of State’s discretion) or Rule 10 (Discretionary trusts) of the Section C Rules to pay, any amount to the personal representatives of a Member, and no grant of representation to the Member’s estate is produced to the Minister for the Civil Service, the Minister for the Civil Service may if in his discretion he thinks fit pay any such amount to any person showing himself or herself to the Secretary of State’s satisfaction to be entitled, otherwise than as a creditor, to take out such a grant or to any person appearing to the Secretary of State’s satisfaction to be entitled otherwise than as a creditor to share in the estate of the deceased. The Minister for the Civil Service may also at his discretion deduct the cost of funeral expenses from the lump sum death benefits and pay it to the person who incurred the funeral expenses.