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109.—(1) This regulation applies if—
(a)on a member’s death a pension has been awarded and paid under this Part; and
(b)it later appears to the scheme manager that the member or the person to whom the pension has been paid made a false declaration or deliberately suppressed a material fact in connection with the award.
(2) The scheme manager may—
(a)cease paying the pension; and
(b)recover any payment made under the award.
(3) Paragraph (2) does not affect the scheme manager’s right to recover a payment or overpayment under any other provision where the scheme manager considers it appropriate to do so.
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