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The Local Government Pension Scheme (Miscellaneous) Regulations 2010

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Amendment of the Local Government Pension Scheme (Administration) Regulations 2008

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51.  After regulation 52 (payments due in respect of deceased persons), insert—

Payments for persons incapable of managing their affairs

52A.(1) If it appears to the appropriate administering authority that a person other than an eligible child is entitled to payment of benefits under the Scheme but is, by reason of mental disorder or otherwise, incapable of managing his or her affairs—

(a)the authority may pay the benefits or any part of them to a person having the care of the person entitled, or such other person as the authority may determine, to be applied for the benefit of the person entitled as the authority may direct; and

(b)in so far as the authority does not pay the benefits in that manner, the authority may apply them in such manner as the authority may determine, for the benefit of the person entitled or his or her beneficiaries.

(2) In this regulation, “eligible child” shall be construed in accordance with regulation 26 (meaning of eligible child) of the Benefits Regulations..

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