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26. After paragraph 5A of Schedule 2 (payment for an entitlement under regulation 17C) insert—
5B.—(1) The annual payment payable to a surviving dependant of a qualifying member shall be determined in accordance with sub-paragraphs (2) to (5).
(2) Where an annual payment is also payable to a survivor of the qualifying member and—
(a)there is only one surviving dependant, the amount of the annual payment shall be—
(b)there are two or more surviving dependants, the amount of the annual payment shall be—
(3) Where the qualifying member does not have a survivor and—
(a)there is only one surviving dependant, the amount of annual payment shall be—
(b)there are two or more surviving dependants, the amount of the annual payment shall be—
(4) Where—
(a)a survivor of a qualifying member, who is not a person who is treated as a survivor under regulation 37 of the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009, dies; or
(b)a person ceases to be a surviving dependant of a qualifying member,
the annual payment payable to a surviving dependant of that qualifying member shall be redetermined with effect from the day after the day on which the survivor died or the person ceased to be a surviving dependant.
(5) In this paragraph—
“B” means—
where there is only one surviving dependant, the surviving dependant’s actual pension; or
where there are two or more surviving dependants, the sum of the actual pensions of all the surviving dependants of that qualifying member;
“E” means one half of the sum of ;
“G” means the product of 0.9 multiplied by the expected pension which has been or could have been determined in respect of the survivor in accordance with paragraph 5(3);
“H” means the aggregate of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled before the day on which the qualifying member died;
and
“N” means the number of surviving dependants of that qualifying member.”.
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