(1) This regulation applies to a person—
(a) to whom a death grant or supplementary death grant may become payable under regulation E19 or E20 of the principal Regulations in respect of a person who was employed in pensionable employment but ceased to be so employed before 1st May 1994; and
(b) who is placed in a worse position than he would have been in if the amendment made to regulation E19 or E20 of the principal Regulations by regulation 14(b) or 15 of the 1994 Regulations had not applied in relation to the death grant or supplementary death grant.
(2) A person to whom this regulation applies may, by giving written notice to the Secretary of State before the relevant date, elect that the provisions of regulation 14(b) or 15 of the 1994 Regulations (as the case may be) shall not apply in relation to the death grant or supplementary death grant.
(3) For the purposes of paragraph (2) above the relevant date is—
(a) 1st March 1995; or
(b) the date one month after the date of death of the person in respect of whom the death grant or supplementary death grant may become payable,
whichever is the later.