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7.—(1) This regulation applies where for the purposes of regulation 8, 9 or 12 a designated person may make an election on behalf of a remedy member.
(2) Where this regulation applies, the designated person is—
(a)in the circumstances described in regulation 8(2)(b)(i), 9(2)(b)(i) or 12(2)(b)(i)—
(i)a person who is capable and—
(aa)entitled to a surviving partner pension in relation to that member under regulations 23 to 31H of the 1995 Regulations;
(bb)entitled to a surviving adult dependant pension in relation to that member under regulation 67 or 194 of the 2008 Regulations; or
(cc)entitled to a surviving adult dependant pension in relation to that member under regulation 112 of the 2015 Regulations; or
(ii)where there is no such person (capable or otherwise), a person who on the date of issue of a remediable service statement in relation to that member (see regulation 6) is aged 18 or over, capable and—
(aa)entitled as the sole dependent child of that member to pension benefits in relation to that member under regulations 32 to 38 of the 1995 Regulations(1) (child allowance);
(bb)entitled as the sole dependent child of that member to pension benefits in relation to that member under Chapter 5 of Part 2 (benefits for officers: death benefits) or Chapter 5 of Part 3 (benefits for practitioners etc: death benefits) of the 2008 Regulations(2); or
(cc)entitled as the sole eligible child of that member to pension benefits in relation to that member under Chapter 2 of Part 6 of the 2015 Regulations(3) (survivor benefits: child survivor);
(iii)otherwise, the scheme manager or a person appointed by the scheme manager;
(b)in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(ii), 9(2)(b)(iii)(aa) or 12(2)(b)(ii), a personal representative, of the remedy member;
(c)in the circumstances described in regulation 8(2)(b)(iii), 9(2)(b)(iii)(bb) or 12(2)(b)(iii), the scheme manager or a person appointed by the scheme manager.
(3) For the purposes of paragraph (2)—
(a)a person is capable unless, in the opinion of the scheme manager, that person is, by reason of illness or mental disorder or otherwise, unable to look after their own affairs;
(b)the person appointed by the scheme manager (see paragraph (2)(a)(iii) and (c)) may include, in particular—
(i)the personal representatives of the remedy member;
(ii)the parent or guardian of a dependent or eligible child; or
(iii)a dependent or eligible child.
Regulations 32-38 were amended by S.R. 1999 No. 213, 2005 No. 533, 2006 No. 410, 2008 No. 163, 2009 No. 65 & 188, 2010 No. 22 & 286, 2013 No. 259 and 2022 No. 196.
Chapter 5 of Part 2 was amended by S.R. 2009 No. 65 & 188, 2010 No. 22 & 286, 2012 No. 42, 2013 No. 259 and 2022 No. 196.
Chapter 2 of Part 6 of the 2015 Regulations was amended by S.R. 2022 No. 196.
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