193Payment on death or permanent incapacity

193 Payment on death or permanent incapacity

(1)  If a member becomes entitled to a permanent incapacity benefit, the Commission must pay the benefit to the member, unless, in the opinion of the Commission, the member is incapable of administering his or her own affairs, in which case the Commission must pay the benefit to the member’s spouse or legal personal representative.

(2)  Except as provided in subregulation (3) , if a lump sum benefit is payable under these regulations on the death of a member, the benefit is to be paid to –

(a) the surviving partner of the member; or

(b) if there is no surviving partner of the member – the person with whom the member was in a caring relationship which was the subject of a deed of relationship, registered under Part 2 of the Relationships Act 2003 , which was revoked by the death of the member; or

(c) if there is no person referred to in paragraph (a) or (b)  – the estate of the member, subject to the production of grant of probate or letters of administration; or

(d) a person, where applicable, in accordance with regulation 196 .

(3)  Despite subregulation (2) , a member may, by notice in writing to the Commission –

(a) elect that in the event of the member’s death all or part of the benefit payable on the member’s death is to be paid to the member’s estate; or

(b) revoke any such election –

and where the election is in force, subregulation (2) does not apply to any part of the benefit that is subject to the election.

(4)  This regulation does not apply to a person who –

(a) was, immediately before the death of a member, the spouse of the member; and

(b) was, at the time of the member’s death, separated and living apart from the member; and

(c) was not, in the opinion of the Commission, receiving significant financial support from the member.