The Police (Injury Benefit) (Scotland) Regulations 2007

Regulation 20

SCHEDULE 5 ADULT DEPENDENT RELATIVE'S SPECIAL PENSION

1.  Subject to paragraphs 2, 3 and 4, a dependent relative’s special pension shall be of a weekly amount equal to 45% of the average pensionable pay for a week of the member of a police force in respect of whose death it was granted (“the deceased”).

2.  In respect of any week in respect of which there are payable in respect of the deceased’s death both–

(a) a widow’s special pension or, where the deceased was a married woman or a woman in a civil partnership, a dependent relative’s special pension granted to her widower or surviving civil partner; and

(b) a dependent relative’s special pension other than, where the deceased was a married woman or a woman in a civil partnership, one granted as specified in sub paragraph (a),

the dependent relative’s special pension mentioned in sub paragraph (b) shall not be of the amount mentioned in paragraph 1 but, subject to paragraphs 3 and 4, of an amount equal to 20% of the deceased’s average pensionable pay for a week.

3.  The amount of a dependent relative’s special pension determined in accordance with paragraph 1 or 2 shall be increased in accordance with regulation 29.

4.—(1) Where in respect of any week the aggregate amount of–

(a) any widow’s special pension; and

(b) any child’s special allowance,

payable in respect of the deceased’s death equals or exceeds the amount of the deceased’s average pensionable pay for a week, no dependent relative’s special pension shall be payable in respect of that week.

(2) Where in respect of any week the aggregate amount of–

(a) any widow’s special pension;

(b) any child’s special allowance; and

(c) any dependent relative’s special pension,

payable in respect of the deceased’s death would exceed the amount of the deceased’s average pensionable pay for a week, the dependent relative’s pension shall be reduced by such factor as will ensure that that aggregate does not exceed that amount.

(3) For the purposes of this paragraph any increase in a pension or allowance in accordance with regulation 29 shall be ignored.