PART 4PENSION AWARDS

Awards on death - additional provisions

Prevention of duplication46

1

Subject to paragraph (3), where, but for this regulation, a person would be entitled to receive, in respect of any particular period, payments on account of more than one award in respect of the death of the same person; and each of the awards is a survivor’s pension under regulation 36 or an award under regulation 5, 12, 13, 16, 17, 19 or 20 of the 2006 Injury Regulations, he shall be entitled to receive, in respect of that period, payment on account of one only of those awards.

2

The award payable under paragraph (1) shall be—

a

that from time to time selected by the person concerned; or

b

in default of such selection where one award is for the time being greater than any other such award, the award which is for the time being the greater.

3

Nothing in paragraph (1) shall prevent a person from being entitled to receive more than one such pension if the awards in question are calculated, directly or indirectly, by reference to different periods of pensionable service.