The Police Pensions Regulations (Northern Ireland) 2015

Persons who may be paid lump sum death grant N.I.

155.—(1) The scheme manager must pay a lump sum death grant to any surviving spouse or surviving civil partner of the member, unless immediately before the member's death—

(a) the member and the spouse or civil partner were separated by an order or decree of a competent court; and

(b) the member was not required by the order to contribute, and was not in fact regularly contributing—

(i) to the support of the spouse or civil partner; or

(ii) to the support of a child of the spouse or civil partner.

(2) 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—

(a) claims payment of a surviving adult's pension; and

(b) satisfies the scheme manager that at the time of the member's death—

(i) the circumstances [F1 in paragraph (1)(a)(i)to (iii) of] regulation 134 (meaning of surviving adult partner) continued to subsist; and

(ii) the member and the surviving adult partner had cohabited for at least 2 years.

(3) 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.

(4) [F2 Subject 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 151 (nominations for lump sum death grants) if the nomination has effect at the date of the member's death.

(5) [F3 Subject 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 legal personal representative.

[F4 (5A) 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 operation.

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

(5C) The amount of a grant payable under paragraph (5A) is an amount up to the amount calculated under regulation 160, but the scheme manager may pay such lower amount as it considers appropriate in all the circumstances, if it is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5).]

Textual Amendments

F1 Words in reg. 155(2)(b)(i) substituted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(1)

F2 Words in reg. 155(4) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(2)

F3 Words in reg. 155(5) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(2)

F4 Reg. 155(5A)-(5C) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(3)