13.—(1) This regulation applies if—
(a)either condition A or B is met, and
(b)condition C is met.
(2) Condition A is that the Board of the Pension Protection Fund is responsible for securing that compensation is (and has been) paid to a dependant of an individual in accordance with the pension compensation provisions.
(3) Condition B is that the Board of the Pension Protection Fund is required to secure the discharge of liabilities to a dependant of an individual in respect of benefits transferred to the Board under—
(a)Chapter 3 of Part 2 of the Pensions Act (pension protection), or
(b)Chapter 3 of Part 3 of the Pensions Order (pension protection).
(4) Condition C is that the Board of the Pension Protection Fund provides for the securing of—
(a)the payment of compensation in the circumstances specified in condition A, or
(b)the discharge of liabilities in the circumstances specified in condition B,
by the entry into an annuity contract or a number of such contracts.
(5) For the purposes of Part 4, payment of an annuity under an annuity contract mentioned in paragraph (4) is treated as payment of a dependants' scheme pension.
(6) If this regulation applies, so much of Pension death benefit rule 3 in section 167(1) of FA 2004 (pension death benefit rules) as provides that a dependants' scheme pension may only be paid if the member or dependant had an opportunity to select a dependants' annuity instead is treated as omitted.