Amendment of the Financial Assistance Scheme Regulations 20059

1

Schedule 2 (determination of annual and initial payments) is amended in accordance with this regulation.

2

In paragraph 4(5)(b)(ii) and (7)(b)(ii) and paragraph 5(8)(b)(ii) and (10)(b)(ii), for “or (3)”, in each place it occurs, substitute “, (3) or (3C) or 17C”.

3

After paragraph 5 (survivors of qualifying members) insert—

Payment for an entitlement under regulation 17C5A

1

This paragraph applies where a qualifying member is entitled to an annual payment in accordance with regulation 17C for a period during which that member has previously received a relevant payment.

2

The annual payment payable to a qualifying member to whom this paragraph applies is determined in accordance with this Schedule.

3

For any period for which an annual payment under regulation 17C is due to be paid and a relevant payment has previously been paid, the relevant payment is treated as a payment on account of the annual payment under regulation 17C.

4

Where the amount of the relevant payment so treated equals the amount of the annual payment payable under sub-paragraph (2), no further payment under regulation 17C is due to the qualifying member.

5

In this paragraph, “relevant payment” means a payment in accordance with these Regulations other than a payment for a survivor by virtue of regulation 17(4), 17A(3), 17B(2)(b) or 18(4).

4

In paragraph 9(2) and (4), after “regulation 17”, in each place it occurs, insert “or 17C”.

5

In paragraph 10(ba), for “regulation 17(2) and (3)” substitute “regulation 17(2), (3) or (3C) or 17C”.