Discretionary payments
10.—(1) Where the aggregate of the compensation (if any) payable by virtue of Article 3(3)(a)(ii) to the spouse and child (if any) of a victim who has died as a result of a criminal injury is—
(a)less than the discretionary payments limit because of a deduction made by virtue of Article 6(2)(b); or
(b)less than the discretionary payments limit and a deduction is made by virtue of Article 6(2)(b), the Secretary of State may pay to the spouse or, if the spouse is dead, to the child such sum as when added to the compensation payable to the spouse and child equals—
(i)where sub-paragraph (a) applies, the discretionary payments limit; or
(ii)where sub-paragraph (b) applies, the amount of the compensation before any deduction by virtue of Article 6(2)(b).
(2) Where, but for Article 5(9), compensation would be payable to any person, the Secretary of State may, if he considers it to be in the public interest to do so, pay to him such sum as does not exceed the amount of that compensation.
(3) In paragraph (1) “the discretionary payments limit” means the aggregate of £10,000 (in respect of the spouse) and £1,300 (in respect of each child).