The Police (Injury Benefit) (Scotland) Regulations 2007

Prevention of duplication

27.—(1) Subject to paragraph (2), 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–

(a) each of the awards being an adult survivor’s special or augmented award under regulation 13 or 14 or an adult survivor’s pension under Part C of the 1987 Regulations; or

(b) each of the awards being a child’s special allowance under regulation 17 or a child’s allowance under Part D of the 1987 Regulations or an adult dependent relative’s special pension under regulation 20,

the person shall be entitled to receive, in respect of that period, payment on account of one only of those awards; and the award payable shall be that from time to time selected by the person concerned or, 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.

(2) Nothing in paragraph (1) shall prevent a person from being entitled to receive more than one such award as is mentioned in sub paragraph (a) or (b) of that paragraph if–

(a) the awards in question are calculated, directly or indirectly, by reference to different periods of pensionable service; and

(b) no award in question falls to be increased in accordance with regulation E8, or to be determined in accordance with regulation E10, of the 1987 Regulations.