Amount of periodic compensation that can be paid in the case of a surviving dependant
22.—(1) Subject to paragraphs (2) and (3) and regulation 24, where a surviving dependant is entitled to periodic compensation under regulation 20(5) the amount is to be calculated—
(a)where the transferee was entitled to payment of periodic compensation commencing on the transfer day, or would have become so entitled had that transferee not died, in accordance with paragraph 4 of Schedule 4 (including any increases under paragraph 17 of Schedule 4 to which the transferee would have been entitled), or
(b)where the transferee was entitled to payment of periodic compensation commencing at pension compensation age, or would have become so entitled had that transferee not died, in accordance with paragraph 6 of Schedule 4 (including any revaluation amount under paragraph 8 and any increases under paragraph 17 of Schedule 4 to which the transferee would have been entitled).
(2) Where periodic compensation is also payable to a surviving partner or relevant partner and—
(a)there is only one surviving dependant, the amount of periodic compensation is 25% of the amount calculated under paragraph (1), or
(b)there are two or more surviving dependants, the amount of periodic compensation is half of the amount calculated under paragraph (1), divided equally between the surviving dependants.
(3) Where periodic compensation is not payable to a surviving partner or relevant partner and—
(a)there is only one surviving dependant, the amount of periodic compensation is half of the amount calculated under paragraph (1);
(b)there are two or more surviving dependants, the amount of periodic compensation is the amount calculated under paragraph (1), divided equally between the surviving dependants.