SCHEDULE 2DETERMINATION OF ANNUAL AND INITIAL PAYMENTS

Surviving dependants of qualifying membersF15B

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 by virtue of regulation 37 of the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009, dies;

b

a person ceases to be a surviving dependant of a qualifying member; or

c

another person becomes entitled to an annual payment as 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 event referred to in paragraphs (a) to (c) occurred.

5

In this paragraph—

  • “B” means—

    1. a

      where there is only one surviving dependant, the surviving dependant’s actual pension; or

    2. b

      where there are two or more surviving dependants, the sum of the actual pensions of all the surviving dependants of that qualifying member;

  • “D” means—

    1. a

      subject to paragraph (b), where sub-paragraph (4) applies, the total amount of annual increases to which any surviving dependant was entitled under this Schedule on the day on which the event referred to in paragraphs (a) to (c) of that sub-paragraph occurred;

    2. b

      where sub-paragraph (4)(a) applies and, as a result, the annual payment payable to a surviving dependant is redetermined under sub-paragraph (3)(a), nil; and

    3. c

      in all other cases, nil;

  • “N” means the number of surviving dependants of the qualifying member;

  • “Q” means the sum of—

    1. a

      the product of 0.9 multiplied by the expected pension which has been or could have been determined in accordance with paragraph 5(4); and

    2. b

      the total amount of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled on the day on which the qualifying member died;

  • “S” means—

    1. a

      where sub-paragraph (4)(a) applies and, as a result the annual payment payable to a surviving dependant is redetermined under sub-paragraph (3), the total amount of annual increases to which the survivor was entitled on the day on which the survivor died; and

    2. b

      in all other cases, nil.