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The Local Government (Discretionary Payments) Regulations 1996

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Amount of surviving spouse’s short-term and long-term compensation

21.—(1) Surviving spouse’s short-term compensation is payable at an annual rate equal to the rate at which any annual compensation would have been payable to the deceased in accordance with these Regulations immediately before his death if there were disregarded any adjustment in accordance with regulation 13, 14 or 18(3).

(2) Surviving spouse’s long-term compensation is the relevant fraction of any annual compensation which would have been payable to the deceased in accordance with these Regulations immediately before his death—

(a)if there were disregarded—

(i)any adjustment in accordance with regulation 12, 13, 14, 18(3) or 19;

(ii)in a case where at the time of the deceased’s death, the deceased was in a new employment in which he was not a LGPS member, any adjustment in accordance with regulations 15 and 16; and

(b)in a case where at the date of death the deceased was in a new employment in which he was a LGPS member, if that annual compensation were reduced in accordance with regulation 18 on the assumption that the total period of membership referred to in regulation 18(5)(b)(ii) were the membership which the deceased would have been entitled to count as membership on the relevant assumptions if at the date of death the deceased had been such a person as is mentioned in regulation D7(1)(b) of the LGPS Regulations.

(3) In paragraph (2) “the relevant fraction” means—

(a)if the deceased was entitled to receive compensation under regulation 9, one half; and

(b)otherwise, three eighths.

(4) Where a surviving spouse receives periodic payments in respect of any period, surviving spouse’s short-term or long-term compensation is only payable in respect of that period if, and to the extent that, it exceeds the amount of the aggregate of those periodic payments.

(5) In paragraph (4) “periodic payment” means an instalment of an allowance for life or other period (other than annual compensation under these Regulations) granted to the surviving spouse by the deceased’s employing authority, in consequence of or as compensation for the loss of the deceased’s former employment, under an enactment, or a contract or arrangement with that authority (excluding a payment which is an excepted payment in relation to that employment).

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