The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009

Amendment of Part 4

11.  After regulation 16 (insufficient assets) insert—

“Survivors

16A.— (1) Subject to paragraphs (2) and (3), a person is a survivor of a qualifying member who has died where that person is the qualifying member’s widow, widower or surviving civil partner.

(2) Where the conditions in paragraph (4) are satisfied—

(a) the qualifying member’s surviving partner is a survivor of that qualifying member; and

(b) where the qualifying member leaves a widow, widower or surviving civil partner, that widow, widower or surviving civil partner is not a survivor of that qualifying member.

(3) Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a survivor of the former member referred to in regulation 15(5)(b).

(4) The conditions for the purposes of paragraph (2) are that—

(a) immediately before the qualifying member’s death, the qualifying member had a partner (“the surviving partner”);

(b) the rules of the qualifying pension scheme include provision (whether discretionary or otherwise) to pay a survivor’s pension to a partner of the qualifying member;

(c) the scheme manager is satisfied that the surviving partner was living with the qualifying member immediately before the qualifying member’s death; and

(d) either—

(i) the qualifying member provided the scheme manager with a signed written notice nominating the surviving partner as that member’s survivor;

(ii) the qualifying member provided the trustees or managers of the qualifying pension scheme with a valid nomination in accordance with the rules of the qualifying pension scheme to pay a survivor’s pension to the surviving partner; or

(iii) where the qualifying member did not leave a widow, widower or surviving civil partner, the scheme manager is satisfied that the qualifying member and the surviving partner were financially interdependent or the surviving partner was financially dependent on the qualifying member.

(5) For the purposes of enabling the scheme manager to be satisfied or not satisfied that the conditions in paragraphs (4)(c) and (d)(ii) or (iii) are met, the surviving partner must provide evidence that those conditions are met to the scheme manager.

Surviving dependants

16B.— (1) Subject to paragraph (2), a child of the family of a qualifying member is a surviving dependant of that qualifying member for the purposes of these Regulations where—

(a) the child was financially dependent on the member and is aged—

(i) less than 18; or

(ii) less than 23 and is—

(aa) attending a qualifying course; or

(bb) incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995(1); and

(b) the scheme manager is provided with—

(i) in the case of a natural child or unborn child, a birth certificate demonstrating that the child was the natural child of the member;

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

(iii) in the case of any other child in respect of whom sub-paragraph (a) is satisfied, evidence demonstrating to the satisfaction of the scheme manager that the child was a dependent child of the member immediately before the qualifying member’s death.

(2) Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a surviving dependant of the former member referred to in regulation 15(5)(b).”.

(1)

1995 c.50. As amended, in relation to Northern Ireland, by S.I. 2005/1117.