PART 3 Amendment of the FAS Information and Payments Regulations

Amendment of the FAS Information and Payments Regulations

16.  The FAS Information and Payments Regulations are amended in accordance with this Part.

Amendment of regulation 2

17.  In the definition of “normal retirement age” in regulation 2(1) (interpretation) after “means,” insert “except in paragraph 1(3) of Schedule 1,”.

Amendment of Schedule 1

18.  In paragraph 1 of Schedule 1 (information to be provided by appropriate persons)—

(a) in sub-paragraph (2)—

(i) in paragraph (l) in column 2 of the fourth item of the table, after “Schedule 2” insert “or Schedule 2A”; and

(ii) for the words in column 3 of the fourth item of the table substitute “In accordance with sub-paragraphs (3) and (4).”;

(b) after sub-paragraph (2) insert—

“(3) Subject to sub-paragraphs (4) to (6), the period for information to be provided in relation to—

(a) each member or former member who has not attained normal retirement age on the date which is 6 months after the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force is—

(i) the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age; and

(ii) where the scheme manager requests the information (regardless of whether or not the information was provided in accordance with sub-paragraph (i)), the period of 3 months beginning on the day on which the request was made,

or such longer period as the scheme manager may determine for the provision of that information;

(b) each member or former member who has attained normal retirement age on the date referred to in paragraph (a) or any survivor of a member or former member, is the period of 3 months beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

(4) Where the information is to be provided in relation to a person who is terminally ill or unable to work due to ill health, the period is the period of 14 days beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

(5) A request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) where it relates to information which has not been provided within the period determined under sub-paragraph (3)(a)(i).

(6) Where a request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) by virtue of sub-paragraph (5), the period for the information to be provided shall be determined by the scheme manager.

(7) In sub-paragraphs (3) and (4), “normal retirement age” and “terminally ill” have the meanings given by the FAS Regulations.”.

PART 4 Amendment of the FAS Internal Review Regulations and the FAS Appeals Regulations

Amendment of the FAS Internal Review Regulations

19.—(1) The FAS Internal Review Regulations are amended in accordance with this regulation.

(2) In regulation 2(1) (reviewable determinations)—

(a) at the end of sub-paragraph (d) omit “or”;

(b) after sub-paragraph (e) insert—

“(f) the amount of an ill health payment payable to a qualifying member of a qualifying pension scheme or to a survivor of that qualifying member in accordance with regulation 17A (ill health payments) of, and Schedule 2A (determination of ill health and interim ill health payments) to, the FAS Regulations (“ill health payment assessment”); and

(g) whether or not the scheme manager is satisfied that a qualifying member of a qualifying pension scheme is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age for the purposes of regulations 17A(1) (ill health payments) and 17B(1) (interim ill health payments) of the FAS Regulations (“ill health eligibility”).”.

(3) In each place it occurs (except in regulations 2(1)(d) and 5(1)(b)(ii)), after “member assessment” insert “, ill health payment assessment, ill health eligibility”.

Amendment of the FAS Appeals Regulations

20.—(1) The FAS Appeals Regulations are amended in accordance with this regulation.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Deputy PPF Ombudsman” insert—

““ill health eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age for the purposes of regulations 17A(1) (ill health payments) and 17B(1) (interim ill health payments) of the FAS Regulations;

“ill health payment assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to the amount of an ill health payment payable to a beneficiary in accordance with regulation 17A of, and Schedule 2A (determination of ill health and interim ill health payments) to, the FAS Regulations;”; and

(b) in the definition of “member assessment decision”, after “payable to a qualifying member” insert “or a survivor of that qualifying member”.

(3) In regulations 6(2)(b) (notice of appeal) and 17(4)(a) (time and place of oral hearings), after “member assessment decision” insert “, an ill health payment assessment decision, an ill health eligibility decision”.

PART 5 Amendment of Contracting-out Regulations

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996

21.  In regulation 49 of the Occupational Pension Schemes (Contracting-out) Regulations 1996(16) (insolvent schemes)—

(a) at the end of paragraph (3)(a) omit “and”;

(b) after paragraph (3)(a) insert—

“(aa) except where paragraph (3A) applies, the member is not a qualifying member of a qualifying pension scheme for the purposes of the Financial Assistance Scheme Regulations 2005(17); and”; and

(c) after paragraph (3) insert—

“(3A) This paragraph applies where—

(a) the member has been notified in accordance with regulation 50 before the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 came into force; and

(b) the Commissioners for Her Majesty’s Revenue and Customs(18) receive a written application for the member’s state scheme rights to be restored in accordance with this regulation.”.

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

22.  In regulation 49 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(19) (insolvent schemes)—

(a) at the end of paragraph (3)(a), omit “and”;

(b) after paragraph (3)(a), insert—

“(aa) except where paragraph (3A) applies, the member is not a qualifying member of a qualifying pension scheme for the purposes of the Financial Assistance Scheme Regulations 2005, and”; and

(c) after paragraph (3), insert—

“(3A) This paragraph applies where—

(a) the member has been notified in accordance with regulation 50 before the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 came into force, and

(b) the Commissioners for Her Majesty’s Revenue and Customs receive a written application for the member’s state scheme rights to be restored in accordance with this regulation.”.