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33.—(1) This regulation applies where—
(a)R is deceased,
(b)R is survived by a child who—
(i)is not living in the same household as an adult survivor of R, and
(ii)is entitled to benefits in respect of R under a judicial legacy scheme, and
(c)the benefits payable under the judicial legacy scheme in respect of the child are, in the opinion of the scheme manager of the scheme, less valuable (looked at in the round) than those that would have been payable in respect of the child under the 2015 scheme.
(2) The benefits payable in respect of the child under the judicial legacy scheme, so far as they are determined by reference to R’s relevant service, are such benefits as would have been payable in respect of the child, so far as they are determined by reference to R’s relevant service, if R had been a member of the 2015 scheme.
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