PART 6N.I.Compensation for survivors

Period of paymentN.I.

23.—(1) Except in the circumstances prescribed in paragraph (2), where periodic compensation is payable to a surviving dependant under regulation 20(5), it is payable from the day following the transferee’s death.

(2) Where a surviving dependant—

(a)is a child born after the transferee’s death, periodic compensation is payable from the date of the child’s birth;

(b)has left a qualifying course, as a consequence of which payment of periodic compensation has ceased in accordance with paragraph (4)(a), but within one year begins another qualifying course before attaining the age of 23, periodic compensation is payable from the date that the later qualifying course begins, or

(c)becomes disabled and is incapable of engaging in full time paid employment due to a condition that falls within the definition of a disability under section 6 of the Equality Act 2010(1), after attaining the age of 18 but before attaining the age of 23, periodic compensation is payable from the date that the surviving dependant became disabled.

(3) Except where paragraph (4) or (5) applies, periodic compensation is payable until the surviving dependant attains the age of 18.

(4) Where the surviving dependant is attending a qualifying course, periodic compensation is payable either—

(a)until the surviving dependant leaves the course, or

(b)until the surviving dependant attains the age of 23,

whichever is the earlier.

(5) Where the surviving dependant is incapable of engaging in full time paid employment due to a condition that falls within the definition of a disability under section 6 of the Equality Act 2010, periodic compensation is payable until the surviving dependant attains the age of 23.