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Regulation E25 Amount and duration of short-term family benefits

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraphs (2) and (4), the annual rate of a short-term pension under regulation E24—

(a)

if regulation E24(1)(a) or (c) applies, is the annual rate of the deceased’s contributable salary on his last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity leave,

(b)

if regulation E24(1)(b) applies, is the annual rate, at the time of the deceased’s death, of the notional salary described in regulation C9(7) or, as the case may be, C10(4),

(c)

if regulation E24(1)(d) applies, is the annual rate, at the time of the deceased’s death, of his retirement pension, and

(d)

if regulation E24(1)(a) and (d) both apply, is the total of the rates specified in sub-paragraphs (a) and (c) above.

(2)

If—

(a)

the short-term pension is payable to a surviving spouse, and

(b)

the annual rate calculated in accordance with paragraph (1) is less than that of a long-term pension to which the surviving spouse is prospectively entitled under regulation E26,

the annual rate of the short-term pension is the same as that of the long-term pension.

(3)

The duration of the short-term pension payable shall be ascertained from the table below and in that table “adult pension” means a short-term pension payable to the spouse or nominated beneficiary.

TABLE

CategoryPerson falling within regulation E24(2)Duration of pension (months)
1Spouse or nominated beneficiary3
2One child or more where an adult pension is payable3
3Where no adult pension is payable6
(4)

Where regulation E5(3) applies the annual rate of the short-term pension shall be the annual rate calculated in accordance with paragraph (1) or (2) multiplied by the appropriate factor.