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POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006

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Termination of adult survivor’s award on remarriage or other event

15.—(1) Where a widow entitled to a special pension under regulation 12 (including such a pension granted by way of an augmented award under regulation 13) was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a police officer before that date, and—

(a)remarries or has remarried,

(b)forms or has formed a civil partnership, or

(c)with a person to whom she is not married lives together as husband and wife,

she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership, or after her cohabitation begins.

(2) Where the surviving civil partner of a police officer who had ceased to serve as a police officer by 5th December 2005 is entitled to a special pension under regulation 12 (including such a pension granted by way of an augmented award under regulation 13) and—

(a)marries or has married,

(b)forms or has formed a new civil partnership, or

(c)with a person who is not her civil partner lives together as if they were civil partners,

she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership, or after her cohabitation begins.

(3) Where a widow who does not fall within paragraph (1) or a surviving civil partner who does not fall within paragraph (2) is entitled to a special pension under regulation 12 (including such a pension granted by way of an augmented award under regulation 13) and—

(a)marries or has married,

(b)remarries or has remarried,

(c)forms or has formed a civil partnership or new civil partnership,

(d)with a person to whom she is not married lives together as husband and wife, or

(e)with a person who is not her civil partner lives together as if they were civil partners,

she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage or remarriage, or after the formation of her civil partnership, or after her cohabitation begins.

(4) But if, at any time after her marriage, remarriage, the formation of her civil partnership or the beginning of her cohabitation, a person in any of paragraphs (1) to (3) has again become a widow or her civil partner dies or that marriage or civil partnership has been dissolved or that cohabitation ceases, the Board may, in its discretion, bring the pension into payment.

(5) Where a widow entitled to a gratuity under regulation 12 or 13 was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a police officer before that date, and—

(a)remarries or has remarried,

(b)forms or has formed a civil partnership, or

(c)with a person to whom she is not married lives together as husband and wife,

so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.

(6) Where the surviving civil partner of a police officer who had ceased to serve as a police officer by that date—

(a)marries or has married,

(b)forms or has formed a new civil partnership, or

(c)with a person who is not her civil partner lives together as if they were civil partners,

so much of the gratuity as has not been paid before her marriage or remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.

(7) Where a widow who does not fall within paragraph (5) or a surviving civil partner who does not fall within paragraph (6) is entitled to a gratuity under regulation 12 or 13 and—

(a)marries or has married,

(b)remarries or has remarried,

(c)forms or has formed a civil partnership or new civil partnership,

(d)with a person to whom she is not married lives together as husband and wife, or

(e)with a person who is not her civil partner lives together as if they were civil partners,

so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.

(8) But if, at any time after her marriage, remarriage, the formation of her civil partnership or the beginning of her cohabitation, a person in any of paragraphs (5) to (7) has again become a widow or her civil partner dies or that marriage or civil partnership has been dissolved or that cohabitation ceases, the Board may, in its discretion, pay to her the sums which it was actually or contingently liable to pay to her in respect of the gratuity immediately before her remarriage or the formation of her civil partnership or the beginning of her cohabitation.

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