PART 8Death grants

Death grant: death of pensioner87

1

This regulation applies to the following pensions—

a

a phased retirement pension;

b

a retirement pension;

c

a total incapacity pension;

d

an additional pension.

2

But this regulation does not apply to the following pensions—

a

a phased retirement pension which ceased to be payable under regulation 59 (cessation of phased retirement pension);

b

an ill-health pension, or that part of such a pension, which ceased to be payable under regulation 68 (cessation and reinstatement of ill-health pension (application received before 6th January 2007)) or regulation 69 (cessation of ill-health pension (application received on or after 6th January 2007)).

c

an additional pension which became payable with a pension mentioned in sub-paragraphs (a) and (b);

d

a total incapacity pension which ceased to be payable under regulation 67 (cessation of total incapacity pension).

3

A death grant may be paid on the death of a person (D) if—

a

a pension to which this regulation applies had become payable before D’s death, and

b

AR is greater than AP.

4

For the purpose of paragraph (3) the following pensions do not become payable before a person’s death unless payment is initiated before the person’s death—

a

an ill-health pension;

b

an additional pension paid with an ill-health pension;

c

a total incapacity pension.

5

AR is 5 times the annual rate of the pension at the date of D’s death.

6

AP is the amount payable to D since the pension became payable.

7

For the purpose of calculating AR and AP, any amount by which a pension was reduced by regulation 63 (reduction of benefits: duplicate pensions) or 64 (abatement of retirement pension during further employment) is to be treated as being payable.

8

The amount of the death grant is AR-AP.