The National Health Service Superannuation Scheme (Scotland) Regulations 1995

Payment of lump sum

F5.—(1) If the member dies and leaves a surviving widow or widower, the lump sum on death shall be payable to the widow or widower, unless the member has given notice to the Secretary of State in accordance with paragraph (2) of this regulation that the widow or widower shall be excluded from entitlement under this regulation.

(2) Notice to the Secretary of State under paragraph (1) must be given in writing and any cancellation of the notice must be in writing.

(3) If the lump sum on death is not paid to the member’s widow or widower, or if there is no surviving widow or widower, the lump sum shall be payable to the member’s personal representatives.

(4) If the lump sum on death does not exceed the specified amount as defined in paragraph (5), the Secretary of State may pay it to any person or persons claiming to be the member’s personal representatives or to be entitled to a share of the lump sum, without requiring proof of the title of the person or persons concerned.

(5) In paragraph (4), the “specified amount” means £5,000 or any higher amount as may be specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act 1965(1) as the amount to be treated as substituted for references to £500 in section 1 of that Act.

(1)

1965 c. 32; the amount specified in S.I. 1984/539 is £5,000.