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PART 9 N.I.Death benefits

CHAPTER 9N.I.Prevention of duplication of benefits

Payment of one benefit only in respect of deceased memberN.I.

166.—(1) This regulation applies for the purpose of determining benefits payable to a surviving adult or eligible children (P) in respect of a member's continuous period of pensionable service under this scheme.

(2) P is not entitled to be paid in respect of the member's period of service both—

(a)a surviving adult's pension on or an eligible child's pension; and

(b)an award under the Injury Benefits Regulations.

(3) P may choose which of the benefits in paragraph (2) the person wishes to receive.

(4) If P chooses which benefit P wishes to be paid, the scheme manager must pay P that benefit.

(5) If P does not choose which benefit P the person wishes to be paid the scheme manager must pay P—

(a)the benefit which is for the time being greater; or

(b)if the amount of both benefits is the same, that amount.