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The Police (Injury Benefit) (Scotland) Regulations 2006

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

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16.—(1) Where a widow entitled to a special pension under regulation 13 (including such a pension granted by way of an augmented award under regulation 14) was widowed before 5th December 2005 or was widowed after that date but their husband or wife had ceased to serve as a member of a police force before that date, and–

(a)remarries or has remarried;

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

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

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

(2) Where the surviving civil partner of a member of a police force who had ceased to serve as a member of a police force by 5th December 2005 is entitled to a special pension under regulation 13 (including such a pension granted by way of an augmented award under regulation 14) and–

(a)marries or has married;

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

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

that surviving civil partner shall not be entitled to receive any payment on account of the pension in respect of any period after their marriage, or after the formation of their civil partnership, or after their 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 13 (including such a pension granted by way of an augmented award under regulation 14) 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 they are not married, lives together as husband and wife; or

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

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

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

(5) Where a widow or widower entitled to a gratuity under regulation 13 or 14 was widowed before 5th December 2005 or was widowed after that date but their husband or wife had ceased to serve as a member of a police force before that date, and–

(a)remarries or has remarried;

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

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

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

(6) Where the surviving civil partner of a member of a police force who had ceased to serve as a member of a police force by that date and–

(a)marries or has married;

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

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

so much of the gratuity as has not been paid before their marriage or remarriage or the formation of their civil partnership or the beginning of their 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 13 or 14 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 they are not married, lives together as husband and wife; or

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

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

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

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