The Financial Assistance Scheme Regulations 2005

[F1 [F2 Amount of an interim ill health payment for a surviving dependant U.K.

3A.— (1) The amount of an interim ill health payment payable to a surviving dependant of a qualifying member shall be determined in accordance with sub-paragraphs (2) to (5).

(2) Where an interim ill health payment is also payable to a survivor of the qualifying member and—

(a) there is only one surviving dependant, the amount of the interim ill health payment shall be—

(b) there are two or more surviving dependants, the amount of the interim ill health payment shall be—

(3) Where the qualifying member does not have a survivor and—

(a) there is only one surviving dependant, the amount of the interim ill health payment shall be—

(b) there are two or more surviving dependants, the amount of the ill health 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; F3 ...

(b) a person ceases to be a surviving dependant of a qualifying member[F4 ; or]

[F4 (c) another person becomes entitled to an ill health payment as a surviving dependant of a qualifying member.]

the interim ill health payment payable to a surviving dependant of that qualifying member shall be redetermined with effect from the day after the day on which [F5 the event referred to in paragraphs (a) to (c) occurred].

(5) In this paragraph—

“A” means the amount of expected pension which would be determined in accordance with Schedule 2 if—

(a)

the qualifying member were entitled to an annual payment; and

(b)

the modifications in paragraph 6 applied;

“C” means the actuarial factor, determined in accordance with paragraph 5, to be applied;

“F” means one half of the product of—

“G” means—

(a)

where there is only one surviving dependant, the interim pension of the surviving dependant which would be determined in accordance with Schedule 2 if—

(i)

the surviving dependant was entitled to an annual payment; and

(ii)

the modifications in paragraph 6 applied;

(b)

where there are two or more surviving dependants, the sum of the interim pensions of all the surviving dependants which would be determined in accordance with Schedule 2 if—

(i)

the surviving dependants were entitled to annual payments; and

(ii)

the modifications in paragraph 6 applied;

“H” means the aggregate of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled [F6 on] the day on which the qualifying member died; and

“N” means the number of surviving dependants of that qualifying member.]]

Textual Amendments

F1 Sch. 2A inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 15

F2 Sch. 2A para. 3A inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 31(d) (with reg. 37)

F3 Word in Sch. 2A para. 3A(4)(a) omitted (2.4.2010) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 17(d)(i)

F4 Sch. 2A para. 3A(4)(c) and word inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 17(d)(ii)

F5 Words in Sch. 2A para. 3A(4) substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 17(d)(iii)

F6 Word in Sch. 2A para. 3A(5) substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 17(e)