The National Health Service (Scotland) (Injury Benefits) Regulations 1998

Lump sum payment on death

11.—(1) On the death of a person mentioned in regulation 6 a lump sum of one-half of his average remuneration–

(a) shall be payable to the widow or widower to whom an allowance in respect of the deceased is payable under regulation 7;

(b) if not payable under (a) above, shall be payable to the child or among the children of the deceased or of his spouse, to whom an allowance in respect of the deceased is payable under regulation 8 or 9(1)(b) and (3);

(c) if not payable under (a) or (b) above, shall be payable to a dependent relative to whom an allowance in respect of the deceased is payable under regulation 9(1)(a) and (2); or

(d) if not payable under (a), (b) or (c) above, shall be payable to any other child or among any other children to whom an allowance in respect of the deceased is payable under regulation 8 or 9(1)(b) and (3);

• Provided that a lump sum shall not be paid under this regulation if a lump sum has been paid to the deceased under regulation 4(9) in respect of the same injury or disease.

(2) The provisions of regulation 8(7) or 9(5), as the case may be, shall apply in respect of a payment under paragraph (1)(b), (c) or (d).