The Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005

Amount of periodic compensation that can be paid in the case of surviving dependants

6.—(1) Subject to regulation 8, and to paragraphs (2) and (3), where periodic compensation is payable to a surviving dependant the amount of periodic compensation shall be –

(a) where a pension was in payment to the member on the assessment date, an amount calculated in accordance with paragraph 3 of Schedule 6 (pensions in payment at assessment date);

(b) where a pension was not in payment to the member at the assessment date because the member had postponed payment of the pension, an amount calculated in accordance with paragraph 5 of Schedule 6 (pension benefits postponed at assessment date);

(c) where a pension was not in payment to the member at the assessment date because the member was an active member, and over the normal pension age, an amount calculated in accordance with paragraph 8 of Schedule 6 (active members over normal pension age at assessment date);

(d) where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, but died after attaining the normal pension age, an amount calculated in accordance with paragraphs 11 and 13(3)(a) of Schedule 6 (active members who have not attained normal pension age at assessment date);

(e) where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, but died before attaining the normal pension age, an amount calculated in accordance with paragraphs 11 and 13(3)(b) of Schedule 6 (active members who have not attained normal pension age at assessment date);

(f) where a pension was not in payment to the member at the assessment date because the member was a deferred member, and under the normal pension age, an amount calculated in accordance with paragraph 15 of Schedule 6 (deferred members who have not attained normal pension age at assessment date),

and references in those paragraphs to the member (whether deferred or otherwise), relating to entitlement to periodic compensation shall be treated as if they were references to a surviving dependant for the purposes of this calculation.

(2) Where periodic compensation is also payable to a surviving spouse or relevant partner and –

(a) there is only one surviving dependant, the amount of periodic compensation shall be 25 per cent. of the amount calculated under paragraph (1), or

(b) there are two or more surviving dependants, the amount of periodic compensation shall be half of the amount calculated under paragraph (1), divided equally between the surviving dependants.

(3) Where periodic compensation is not payable to a surviving spouse or relevant partner, or where such a claim has not been made, and –

(a) there is only one surviving dependant, the amount of periodic compensation shall be half of the amount calculated under paragraph (1), or

(b) there are two or more surviving dependants, the amount of periodic compensation shall be the amount calculated under paragraph (1), divided equally between the surviving dependants.