Paragraph 12 I1
Northern Ireland Not yet in force
This paragraph applies—
where paragraph 7 has become applicable because the person died while in pensionable employment; or
where he dies within 3 months after ceasing to be in pensionable employment without having made an election under paragraph 8 or 9,
and another person (“the pensioner”) is entitled under regulation E26 to a long-term pension in respect of him.
Where this paragraph applies—
the person shall be treated as having ceased to hold the employment when incapacitated;
any election that could have been made under paragraph 8 or 9 may, within 3 months after the death, be made by the pensioner, or in the case of a child by a person acting on his behalf;
if any payment due by virtue of such an election is not made within 3 months after the death the election ceased to have effect; and
a terminal sum may be set off against such a payment only to the extent that the person entitled to it consents.
Annotations
Commencement
- I1
Sch. 4 para. 12 in operation at 2.11.1998, see reg. A1