The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009

Amendment of regulation 18

16.  In regulation 18 (initial payments)—

(a) omit paragraph (1);

(b) in paragraph (4)—

(i) after “Except where” insert “paragraph (4B) or”; and

(ii) after “qualifying member” in both places it occurs insert “, the qualifying member’s surviving dependants”;

(c) in paragraph (4A)(b) after “a survivor” insert “and any surviving dependants”;

(d) after paragraph (4A) insert—

“(4B) Where a qualifying member who has died was a party to a polygamous marriage the scheme manager may, in its discretion, make a payment (“a shared initial payment”) to each survivor—

(a) in anticipation of an annual payment being payable under this Part to those survivors;

(b) before any instalment of that annual payment is made; and

(c) with effect from whichever is the later of—

(i) 14th May 2004; and

(ii) the day after the day on which that qualifying member died.

(4C) In exercising its discretion under paragraph (4B), the scheme manager may only have regard to—

(a) the amount, if any, of any interim pension that was in payment, is in payment, or is proposed to be paid, from the qualifying pension scheme to any of the survivors of the qualifying member; and

(b) any circumstances relating to the scheme which, in the opinion of the scheme manager, are relevant to determining whether a shared initial payment should be made.

(4D) Paragraphs (5A) and (7) to (9A) shall apply to a shared initial payment under paragraph (4B) with the following modifications—

(a) for “paragraph (4)” in each place it occurs, substitute “paragraph (4B)”; and

(b) for “initial payment” in each place it occurs, substitute “shared initial payment”.”;

(e) in paragraph (5)(a)(ii) after “his survivor” insert “or surviving dependants”;

(f) in paragraph (5A)—

(i) after “the qualifying member” insert “, any surviving dependants”; and

(ii) after “deem that member” insert “, that surviving dependant”;

(g) in paragraph (6) after “initial payments” insert “and shared initial payments”;

(h) in paragraph (7)—

(i) at the end of sub-paragraph (a) omit “and”; and

(ii) after sub-paragraph (b) add—

“and

(c) in respect of a qualifying member who has died, to a surviving dependant of that qualifying member from the day after the day on which that qualifying member died until the surviving dependant—

(i) would have been paid, or is paid, the first instalment of an annual payment in accordance with regulation 19, if an annual payment were payable, or is payable, to that surviving dependant under this Part; or

(ii) dies or otherwise ceases to be entitled to an annual payment in accordance with regulation 17,

whichever is the earlier.”;

(i) for paragraph (8) substitute—

“(8) Where a beneficiary dies or otherwise ceases to be entitled to an annual payment—

(a) subject to sub-paragraph (b), any further instalments of an initial payment that would have been payable to that beneficiary, in respect of that year, cease to be payable;

(b) any instalment of an initial payment which is payable in respect of a period which includes the day on which the beneficiary has died or otherwise ceased to be entitled to an annual payment shall be payable.”; and

(j) in paragraph (9A), in each place it occurs, for “or his survivor” substitute “or that qualifying member’s survivor or surviving dependant”.