The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009

Amendment of regulation 17A

13.  In regulation 17A (ill health payments)—

(a) in paragraph (3)—

(i) after “leaves a survivor” insert “or a surviving dependant”; and

(ii) after “the survivor” insert “and any surviving dependants”;

(b) in paragraph (6)—

(i) for “and regulation 17C(7)” substitute “, regulation 17C(7) and paragraph 10 of Schedule 2A”; and

(ii) for “beneficiary” substitute “qualifying member or survivor”;

(c) after paragraph (6) insert—

“(6A) Ill health payments which are payable to a surviving dependant under this regulation shall continue, subject to paragraph (7), until the surviving dependant—

(a) where neither sub-paragraph (b) nor (c) applies, attains the age of 18;

(b) where the surviving dependant is attending a qualifying course,—

(i) attains the age of 23; or

(ii) leaves the qualifying course

whichever is the earlier; or

(c) where the surviving dependant is incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995, attains the age of 23.

(6B) Where an ill health payment ceases to be payable to a surviving dependant as a result of paragraph (6A)(a) or (b)(ii) and the surviving dependant subsequently—

(a) attends a qualifying course; or

(b) becomes incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995,

before attaining the age of 23, that surviving dependant shall be entitled to an ill health payment determined in accordance with Schedule 2A from the day on which the scheme manager is satisfied that the surviving dependant satisfies sub-paragraph (a) or (b) until a day determined in accordance with paragraph (6A).”; and

(d) for paragraph (7) substitute—

“(7) Where a beneficiary dies or otherwise ceases to be entitled to an ill health payment—

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

(b) any instalment of an ill health 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 ill health payment shall be payable.”.