28Benefit for certain dependants

28 Benefit for certain dependants

28 Benefit for certain dependants

(1) Subject to this section, where the employment of a contributor ceases because of his death, there shall be paid from the fund to—

(a) his widow,

(b) if he died without leaving a widow—any child of his or his spouse who was, in the opinion of the Board, dependent on him immediately before his death, or

(c) if he died without leaving a widow and there is no such child—any other person who was, in the opinion of the Board, dependent on him immediately before his death,

a lump sum benefit of an amount specified in subsection (2).

(2) The amount payable under subsection (1) to a person referred to therein is—

(a) in the case of a contributor who, before he died, had completed not less than ten years’ service or, if he had attained the age of 60 years before he died, had completed not less than 5 years’ service—

(i) if the contributor would, had he retired, or had he been retired, immediately before he died, have been entitled to a lump sum benefit—an amount equal to the total amount of that lump sum benefit, or

(ii) if the contributor would, had he retired, or had he been retired, immediately before he died, not have been so entitled—an amount equal to the amount by reference to which his pension would have been calculated, or

(b) in any other case—an amount equal to the amount that would have been payable under section 30 had it applied to and in respect of the contributor immediately before he died.

(3) Where a contributor with not less than 5 years’ service dies aged sixty years or more and does not leave a widow or any dependant, there shall be paid from the Fund to his personal representatives or, where he has no personal representatives, to such other person or persons as the Board may determine, an amount equal to the amount that, pursuant to subsection (2) (a) would have been payable from the Fund had he left a widow or dependant.

(4) Where a contributor dies and a benefit is not payable pursuant to subsection (1) or (3), there shall be paid from the Fund to his personal representatives or, where he has no personal representatives, to such person or persons as the Board may determine, a lump sum benefit of an amount equal to the amount that would have been payable under section 30 had it applied to and in respect of the contributor immediately before he died.