The Pension Protection Fund (Compensation) Regulations 2005

Compensation for surviving dependants E+W+S

4.—(1) A person shall be entitled to periodic compensation under paragraph 23 of Schedule 7 to the Act (compensation in form of dependants' benefits)in the circumstances prescribed in this regulation.

(2) [F1 Subject to paragraph (2A), in the case of a relevant partner], the circumstances are where there is provision to pay a survivor's pension to an unmarried partner of the member under the admissible rules of the scheme (whether discretionary or otherwise); and

(a) the member—

(i) has provided the Board with a signed written notice informing the Board that the person is a relevant partner; and

(ii) the relevant partner has demonstrated to the satisfaction of the Board that he was co-habiting with the member at the date of the member's death; or

(b) where the member has not provided the Board with a signed notice in accordance with paragraph (2)(a)(i), the relevant partner provides evidence to the satisfaction of the Board that—

(i) he was financially dependent on, or interdependent on the member; and

(ii) he was co-habiting with the member;

at the date of the member's death.

[F2 (2A) No compensation may be paid under paragraph (2) where the member had a civil partner, or a spouse, at the date of his death, and there is no valid nomination in favour of the relevant partner.

(2B) Subject to paragraph (2C), in the case of a civil partner, the circumstances are—

(a) where there is provision to pay a survivor’s pension to a civil partner or spouse of the member under the admissible rules of the scheme (whether discretionary or otherwise);

(b) the surviving civil partner has provided the Board, or during the assessment period the trustees or managers of the eligible scheme, with a certified copy of the entry in the register relating to the civil partnership; and

(c) the civil partnership was still in existence at the date of the member’s death.

(2C) No compensation may be paid under paragraph (2B) where there is a valid nomination made by the member in accordance with either—

(a) the admissible rules of the scheme; or

(b) regulation 4(2)(a),

to pay a survivor’s pension to a relevant partner.]

(3) [F3 Subject to paragraph (4),] in the case of a surviving dependant the circumstances are where the surviving dependant provides—

(a) in the case of a natural child F4 ... of the member, a birth certificate [F5 or other evidence demonstrating to the satisfaction of the Board] that he was the natural child of the member;

(b) in the case of an adopted child of the member, the adoption certificate demonstrating that he was the adopted child of the member; or

[F6 (ba) in the case of a child of the member who, at the date of the member’s death, was being carried by the mother and had not been born, evidence demonstrating to the satisfaction of the Board that the child—

(i) is the child of the member; and

(ii) would have been a dependant of the member had the child been born before the date of the member’s death; or]

(c) in the case of any other child who is a dependant of the member at the date of the member's death, evidence demonstrating to the satisfaction of the Board that he was a dependant child of the member at the date of the member's death,

to the Board or, where evidence is provided during the assessment period, to the trustees or managers of the eligible scheme.

[F7 (4) Where regulation 29 (variable-rate schemes which provide for a decrease in annual rate of pension: modification of Schedule 7 to the Act) applies to the scheme, no compensation may be paid under paragraph (3) in respect of the bridging element of a pension which falls within regulation 28(1)(b).]

Textual Amendments

F1 Words in reg. 4(2) substituted (5.12.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(3), 9(4)(a)

F2 Reg. 4(2A)-(2C) inserted (5.12.2005) by Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2113), regs. 1(3), 9(4)(b)

F3 Words in reg. 4(3) inserted (24.2.2018) by The Pension Protection Fund (Compensation) (Amendment) Regulations 2018 (S.I. 2018/95), regs. 1, 2(5)(a)

F4 Words in reg. 4(3)(a) omitted (30.4.2013) by virtue of The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 3(5)(a)(i)

F5 Words in reg. 4(3)(a) substituted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 3(5)(a)(ii)

F6 Reg. 4(3)(ba) inserted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 3(5)(b)

F7 Reg. 4(4) inserted (24.2.2018) by The Pension Protection Fund (Compensation) (Amendment) Regulations 2018 (S.I. 2018/95), regs. 1, 2(5)(b)