3. A widow or widower shall not be entitled to periodic compensation under paragraph 4 (pensions in payment at assessment date), 6 (pension benefits postponed at assessment date), 9 (active members over normal pension age at assessment date), 13 (active members who have not attained normal pension age at assessment date) or 18 (deferred members who have not attained normal pension age at assessment date) of Schedule 6 where there is no provision to pay a survivor’s pension under the admissible rules of the scheme.
4.—(1) A person shall be entitled to periodic compensation under paragraph 23 of Schedule 6 (compensation in form of dependants' benefits) in the circumstances prescribed in this regulation.
(2) In the case of a relevant partner, the circumstances are where there is provision to pay a survivor’s pension to an unmarried partner of the member under the admissible rules of the scheme (whether discretionary or otherwise), and –
(a)the member –
(i)has provided the Board with a signed written notice informing the Board that the person is a relevant partner, and
(ii)the relevant partner has demonstrated to the satisfaction of the Board that he was co-habiting with the member at the date of the member’s death, or
(b)where the member has not provided the Board with a signed notice in accordance with paragraph (2)(a)(i), the relevant partner provides evidence to the satisfaction of the Board that –
(i)he was financially dependent on, or interdependent on the member, and
(ii)he was co-habiting with the member,
at the date of the member’s death.
(3) In the case of a surviving dependant the circumstances are where the surviving dependant provides –
(a)in the case of a natural child or unborn child of the member, a birth certificate demonstrating that he was the natural child of the member,
(b)in the case of an adopted child of the member, the adoption certificate demonstrating that he was the adopted child of the member, or
(c)in the case of any other child who is a dependant of the member at the date of the member’s death, evidence demonstrating to the satisfaction of the Board that he was a dependent child of the member at the date of the member’s death,
to the Board or, where evidence is provided during the assessment period, to the trustees or managers of the eligible scheme.
5. Subject to regulation 8, where periodic compensation is payable to a relevant partner the amount and duration of periodic compensation shall be –
(a)where a pension was in payment to the member on the assessment date, an amount calculated in accordance with paragraph 4(2) and (3) of Schedule 6 (pensions in payment at assessment date);
(b)where a pension was not in payment to the member at the assessment date because the member had postponed payment of the pension, an amount calculated in accordance with paragraph 6(2) and (3) of Schedule 6 (pension benefits postponed at assessment date);
(c)where a pension was not in payment to the member at the assessment date because the member was an active member and over the normal pension age, an amount calculated in accordance with paragraph 9(2) and (3) of Schedule 6 (active members over normal pension age at assessment date);
(d)where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, an amount calculated in accordance with paragraph 13(2) and (3) of Schedule 6 (active members who have not attained normal pension age at assessment date);
(e)where a pension was not in payment to the member at the assessment date because the member was a deferred member and under the normal pension age, an amount calculated in accordance with paragraph 18(2) and (3) of Schedule 6 (deferred members who have not attained normal pension age at assessment date).
6.—(1) Subject to regulation 8, and to paragraphs (2) and (3), where periodic compensation is payable to a surviving dependant the amount of periodic compensation shall be –
(a)where a pension was in payment to the member on the assessment date, an amount calculated in accordance with paragraph 3 of Schedule 6 (pensions in payment at assessment date);
(b)where a pension was not in payment to the member at the assessment date because the member had postponed payment of the pension, an amount calculated in accordance with paragraph 5 of Schedule 6 (pension benefits postponed at assessment date);
(c)where a pension was not in payment to the member at the assessment date because the member was an active member, and over the normal pension age, an amount calculated in accordance with paragraph 8 of Schedule 6 (active members over normal pension age at assessment date);
(d)where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, but died after attaining the normal pension age, an amount calculated in accordance with paragraphs 11 and 13(3)(a) of Schedule 6 (active members who have not attained normal pension age at assessment date);
(e)where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, but died before attaining the normal pension age, an amount calculated in accordance with paragraphs 11 and 13(3)(b) of Schedule 6 (active members who have not attained normal pension age at assessment date);
(f)where a pension was not in payment to the member at the assessment date because the member was a deferred member, and under the normal pension age, an amount calculated in accordance with paragraph 15 of Schedule 6 (deferred members who have not attained normal pension age at assessment date),
and references in those paragraphs to the member (whether deferred or otherwise), relating to entitlement to periodic compensation shall be treated as if they were references to a surviving dependant for the purposes of this calculation.
(2) Where periodic compensation is also payable to a surviving spouse or relevant partner and –
(a)there is only one surviving dependant, the amount of periodic compensation shall be 25 per cent. of the amount calculated under paragraph (1), or
(b)there are two or more surviving dependants, the amount of periodic compensation shall be half of the amount calculated under paragraph (1), divided equally between the surviving dependants.
(3) Where periodic compensation is not payable to a surviving spouse or relevant partner, or where such a claim has not been made, and –
(a)there is only one surviving dependant, the amount of periodic compensation shall be half of the amount calculated under paragraph (1), or
(b)there are two or more surviving dependants, the amount of periodic compensation shall be the amount calculated under paragraph (1), divided equally between the surviving dependants.
7.—(1) Subject to paragraph (2), where periodic compensation is payable under regulation 6 it shall be payable from the day after the member’s death.
(2) Where a surviving dependant –
(a)is an unborn child, periodic compensation shall be payable from the date of the child’s birth,
(b)has left a qualifying course, and payment of periodic compensation has ceased under paragraph (4)(a), but he begins another qualifying course before attaining the age of 25 and within one year of leaving the previous course, it shall be payable from the date the later qualifying course begins, or
(c)becomes disabled after he has attained the age of 18, periodic compensation shall be payable from the date that the surviving dependant became disabled.
(3) Except where paragraph (4) applies, periodic compensation shall be paid until the surviving dependant attains the age of 18.
(4) Where the surviving dependant –
(a)is attending a qualifying course, periodic compensation shall be paid until the surviving dependant –
(i)leaves the qualifying course, or
(ii)attains the age of 25,
whichever is the later, or
(b)is incapable of engaging in full-time paid employment due to a condition that falls within the definition of a disability under the Disability Discrimination Act 1995, periodic compensation shall be paid until the surviving dependant attains the age of 25.
8.—(1) The amount of periodic compensation payable under these Regulations may be varied where –
(a)there is a change in the circumstances of the person or persons to whom periodic compensation is payable, and
(b)that change would have resulted in –
(i)a different rate of periodic compensation being payable (including where a rate of nil may apply), or
(ii)periodic compensation being payable from a different start date;
and such a variation shall take effect from the date that the change in circumstances occurred.
(2) The amount of periodic compensation calculated under paragraph (1) shall be subject to paragraph 28 of Schedule 6 (annual increase in periodic compensation) and any regulations made under that paragraph, and paragraph 29 (Board’s powers to alter rates of revaluation and indexation) of that Schedule.
(3) Where a person makes a claim for periodic compensation, his claim for periodic compensation shall be backdated to the date he became eligible to claim periodic compensation, or where that date is more than five years prior to the date of the claim, for five years from the date of the claim.