11.—(1) Where the beneficiaries include one or more adults and one or more children—
(a)M’s personal representative is the eligible decision-maker;
(b)where M has no personal representative, and—
(i)one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker;
(ii)none of the beneficiaries is a surviving adult and—
(aa)one or more of the beneficiaries is an eligible child, or
(bb)none of the beneficiaries is an eligible child,
the eligible decision-maker is determined in accordance with sub-paragraph (2).
(2) Where sub-paragraph (1)(b)(ii) applies, and—
(a)all relevant children are under 18 and—
(i)have the same guardian, the eligible-decision maker is that guardian;
(ii)do not have the same guardian, the eligible decision-maker is the scheme manager;
(b)all relevant children are 18 or over, the eligible decision-maker is—
(i)the person agreed upon by those relevant children, or
(ii)where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager—
(c)one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—
(i)the relevant children who are 18 or over, and
(ii)the guardian (or guardians) of the relevant children who are under 18.
(3) In sub-paragraph (2), a relevant child is—
(a)where sub-paragraph (1)(b)(ii)(aa) applies, an eligible child;
(b)where sub-paragraph (1)(b)(ii)(bb) applies, a person who meets one of the conditions in regulation 143(3) of the 2015 Regulations.
Commencement Information
I1Sch. para. 11 in operation at 1.10.2023, see reg. 1(b)