PART 3E+W+SBenefits for Survivors

Amount and duration of periodic compensation in the case of relevant partnersE+W+S

5.  Subject to regulation 8, where periodic compensation is payable to a relevant partner [F1or civil partner,] the amount and duration of periodic compensation shall be—

(a)where a pension was in payment to the member on the assessment date, an amount calculated in accordance with paragraph 4(2) and (3) of Schedule 7 to the Act (pensions in payment at assessment date);

(b)where a pension was not in payment to the member at the assessment date because the member had postponed payment of the pension, an amount calculated in accordance with [F2paragraph 6(2) and (3)] of Schedule 7 to the Act (pension benefits postponed at assessment date);

(c)where a pension was not in payment to the member at the assessment date because the member was an active member and over the normal pension age, an amount calculated in accordance with paragraph 9(2) and (3) of Schedule 7 to the Act (active members over normal pension age at assessment date);

(d)where a pension was not in payment to the member at the assessment date because the member was an active member and under the normal pension age, an amount calculated in accordance with paragraph 13(2) and (3)(a) or (b) of Schedule 7 to the Act (active members who have not attained normal pension age at assessment date);

(e)where a pension was not in payment to the member at the assessment date because the member was a deferred member and under the normal pension age, an amount calculated in accordance with paragraph 18(2) and (3) of Schedule 7 to the Act (deferred members who have not attained normal pension age at assessment date).

Textual Amendments