Office of Public Sector Information
PART 3 continued CHAPTER 3.F continued
(1) This regulation applies in the case of a member whose transfer is subject to transfer arrangements concluded with any scheme for the provision of retirement benefits established outside the United Kingdom.
(2) The Scheme applies in relation to the member with such modifications as the Secretary of State considers necessary to comply with—
(a) the terms of those arrangements,
(b) any applicable provision contained in or made under any enactment, and
(c) the requirements to be met by a scheme registered under Chapter 2 of Part 4 of the 2004 Act.
(1) This Chapter applies to persons who—
(a) have been active members of the Scheme in respect of their service in an employment,
(b) have ceased to be employed in that employment and have become deferred members or pensioner members of the Scheme because of their rights in respect of that service,
(c) become employed again in an employment that qualifies them to belong to the Scheme, and
(d) become active members of the Scheme in respect of their service in that employment.
This is subject to paragraphs (4) to (7).
(2) In these Regulations a member to whom this Chapter applies is referred to as a “re-employed member”.
(3) In this Chapter, in relation to any re-employed member—
(a) the service referred to in paragraph (1)(a) is referred to as “the earlier service”, and
(b) the service referred to in paragraph (1)(d) is referred to as “the later service”.
(4) This Chapter also applies to members who—
(a) cease to be active members in respect of their service in an employment as the result of exercising the option under regulation 3.B.5, and
(b) later become active members in that or another employment,
as it applies to members who cease to be employed in the employment in which they are active members, and paragraph (3) must be read accordingly.
(5) This Chapter does not apply if the earlier service and the later service are treated as a single continuous period of pensionable service under regulation 3.A.4(5) (pensionable service: breaks in service).
(6) Regulation 3.G.4 applies whether or not the employment mentioned in paragraph (1)(c) is employment that qualifies the member to belong to the Scheme.
(7) If a re-employed member ceases to be an active member again, this Chapter applies again in respect of the later service as if it were the earlier service (and so on).
(1) The general rule is that, in accordance with regulations 3.D.17 and 3.E.25—
(a) the re-employed member’s pensionable service in respect of the earlier service and the later service are treated separately, and
(b) the re-employed member’s pensionable earnings in respect of the earlier service and the later service are determined separately.
(2) This regulation is subject to the provisions mentioned in regulations 3.D.17(4) and 3.E.25(5).
(1) The general rule in regulation 3.G.2 does not apply if—
(a) at the time that the member first becomes entitled to a pension under the Scheme in respect of the earlier service or the later service, or
(b) if it is earlier, at the time of the member’s death,
in the opinion of the Secretary of State the benefits payable to or in respect of the member would be more valuable if that general rule were disregarded.
(2) Accordingly, in a case within paragraph (1)—
(a) the member’s pensionable service in respect of the earlier service and the later service are treated as one single continuous period,
(b) the member’s qualifying service in respect of the earlier service and the later service are each treated as one single continuous period,
(c) the member is not treated as a deferred member in respect of the earlier service, and
(d) the member’s pensionable earnings in respect of the later period may be determined by reference to the earlier period as well as the later period (as a result of regulation 3.A.4 (5)).
(1) This regulation applies if a member who is entitled to a tier 2 pension under regulation 3.D.7 in respect earlier service—
(a) did not opt to exchange that pension for a lump sum in accordance with regulation 3.D.11, and
(b) has re-entered employment (the “further employment”).
(2) Subject to paragraphs (3) and (4), the member ceases to be entitled to the tier 2 ill-health pension under regulation 3.D.7, and becomes entitled to a tier 1 ill-health pension under that regulation.
(3) In a case where the further employment is—
(a) not NHS employment, and
(b) an excluded employment,
paragraph (2) does not apply.
(4) In a case where the further employment is—
(a) NHS employment, and
(b) an excluded employment,
paragraph (2) does not apply during the initial period.
(5) As regards a further employment in NHS employment—
(a) paragraph (2) applies from the first tier 1 ill-health pension payment date which falls after the first anniversary of the member’s re-entry into NHS employment, whether or not that day is part of a continuous period of further NHS employment beginning with entry into that employment, and
(b) the member may not rejoin the Scheme in respect of that employment or any other NHS employment until after the first anniversary of the member’s re-entry into NHS employment, whether or not that or any other NHS employment is an excluded employment.
(6) For the purposes of this regulation—
(a) an employment is an excluded employment at any time in a scheme year, in relation to a member, if the member’s earnings from the employment and any other employments are such that the lower earnings limit for that year is not exceeded,
(b) for the purposes of paragraph (2) an employment that has been an excluded employment in a scheme year is not treated as ceasing to be such an employment until the first day following the end of the pension pay period for the tier 2 ill-health pension in which the limit described in sub-paragraph (a) is first exceeded, and
(c) “the initial period” means the period of 12 months beginning with the day on which the member first enters an employment which results in this regulation applying.
(7) A member who, before attaining the age of 65, has ceased to be entitled to a tier 2 ill-health pension under paragraph (2), and who—
(a) is in further NHS employment and ceases to be employed at all during the initial period, or
(b) is in further employment that is not NHS employment and ceases to be employed in that further employment within a period of one year beginning with the day on which that further employment ceased to be an excluded employment,
may apply to the Secretary of State under this paragraph to become entitled to a tier 2 ill-health pension.
(8) An application under paragraph (7)—
(a) where paragraph (7)(a) applies, must—
(i) state that the member has ceased to be employed at all,
(ii) be made within the initial period, and
(iii) be made in writing and be accompanied by evidence from a registered medical practitioner that the member meets the condition in regulation 3.D.7(3)(a) (early retirement on ill-health (active members));
(b) where paragraph (7)(b) applies, must—
(i) state that the member has ceased to be employed at all,
(ii) be made within a period of one year beginning with the day on which that employment ceased to be an excluded employment, and
(iii) be made in writing and be accompanied by evidence from a registered medical practitioner that the member meets the condition in regulation 3.D.7(3)(a).
(9) If on an application under paragraph (7) the Secretary of State is satisfied that the member meets the condition in 3.D.7(3)(a), from the day following that on which the member’s last employment ceased—
(a) the member ceases to be entitled to the tier 1 ill-health pension under regulation 3.D.7, and
(b) becomes entitled to a tier 2 ill-health pension under that regulation in respect of the earlier service.
(10) A member who falls within paragraph (1) must—
(a) notify the Secretary of State if the member is in NHS employment at the end of the initial period,
(b) notify the Secretary of State if the member’s aggregate earnings for the purpose of national insurance from employments held in a tax year are such that the lower earnings limit is exceeded, and
(c) provide the Secretary of State or any other person specified by the Secretary of State with such further information as the Secretary of State specifies concerning any further employment.
(11) This regulation is subject to regulation 3.G.5 (re-employed tier 1 ill-health pensioners).
(1) This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 3.D.7 in respect of the earlier service.
(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.
(3) If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—
(a) a tier 1 ill-health pension, or
(b) a tier 2 ill-health pension,
under regulation 3.D.7 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).
(4) The benefits mentioned in paragraph (3) are—
(a) the member’s original tier 1 ill-health pension in respect of his earlier service, and
(b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.
(1) This Chapter applies to practitioners.
(2) This Chapter applies if—
(a) a person who is a pensioner member of the Scheme is employed in NHS employment, or
(b) the person’s pension is a pension under—
(i) regulation 3.D.7 (early retirement on ill-health: active members),
(ii) regulation 3.D.9 (early retirement on ill-health: deferred members), and
(c) the person has not reached the age of 65.
(3) In this Chapter “NHS employment” includes—
(a) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(127),
(b) employment to which regulations made under section 10 of the Superannuation Act 1972(128) and having effect in Scotland apply,
(c) employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972(129) apply,
(d) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald)(130) applies, and
(e) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.
(4) In this Chapter, subject to paragraph (5)–
(a) a person to whom this Chapter applies is referred to as an “employed pensioner”,
(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”,
(c) the employment in respect of which the pension is payable is referred to as “the old employment”, and
(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.
(5) This Chapter applies whether or not the person is an active member of the Scheme in the new employment.
(6) For the purposes of this Chapter, so much of any pension as is additional pension is ignored.
(1) A person who becomes an employed pensioner must inform—
(a) the person’s employer in the new employment, and
(b) any other person that the Secretary of State may specify,
that the old service pension is payable.
(2) A person who ceases to be an employed pensioner in one new employment and becomes an employed pensioner in another new employment must inform—
(a) the person’s employer in the other new employment, and
(b) any other person that the Secretary of State may specify,
that the old service pension is payable.
(1) If the condition in paragraph (2) is met, the amount of the old service pension for any scheme year is reduced.
(2) The condition is that the employed pensioner’s relevant income for the scheme year exceeds the employed pensioner’s previous pay.
(3) The amount of the reduction under paragraph (1) is equal to that excess but cannot exceed the enhancement amount.
(4) For the meaning of “relevant income” and “enhancement amount” see regulation 3.H.4.
(5) For the meaning of “previous earnings” see regulation 3.H.5.
(6) If the employed pensioner holds the new employment for only part of any scheme year, this regulation applies as if—
(a) the reference in paragraph (2) to the employed pensioner’s relevant income were a reference to the appropriate proportion of that income, and
(b) the reference in that paragraph to the employed pensioner’s previous earnings were a reference to the appropriate proportion of those earnings.
(7) In paragraph (6) “the appropriate proportion” means the same proportion as the period during which the new employment is held bears to the whole scheme year.
(8) If the member has a guaranteed minimum under section 14 of the 1993 Act in relation to the old service pension, nothing in this regulation requires the reduction of the old service pension below the amount of the member’s guaranteed minimum in relation to it.
(1) The employed pensioner’s relevant income for a scheme year is the aggregate of—
(a) the amount of pensionable earnings received by the employed pensioner during that year from the new employment (assuming, in any case where the employed pensioner is not an active member of the Scheme in the new employment, that the employed pensioner is such a member), and
(b) the enhancement amount in relation to the old service pension.
(2) The enhancement amount, in relation to an old service pension, is the difference between—
(a) the amount of that pension for that year, and
(b) the amount that that pension would have been had it been payable under regulation 3.D.4 (early payment of pensions with acturial reduction).
(3) If the old service pension is payable under 3.D.7 or 3.D.9 (ill-health pensions) to an employed pensioner who had not reached the age of 55 at the time when entitlement to the pension arose, for the purposes of paragraph (2)(b)—
(a) the fact that entitlement to a pension under regulation 3.D.4 depends on reaching that age is ignored, but
(b) the employed person’s actual age at the relevant time is taken into account in determining the reduction to be made under regulation 3.D.4(2).
(4) If the old service pension is a tier 2 ill-health pension, for the purposes of paragraph (2)(b), only the employed pensioner’s actual pensionable service at the time when entitlement to the pension arose is taken into account in determining the amount that would have been payable under regulation 3.D.4.
(5) If the employed pensioner exercised the option under regulation 3.D.10 (general option to exchange part of pension for lump sum) in relation to the old service pension, the resulting reduction in the pension is ignored for the purposes of this regulation.
(6) References in this regulation to the amount of a pension for any scheme year are to its amount for that year after any increases payable under the Pensions (Increase) Act 1971(131) in respect of that pension, including the increases that would have been payable in respect of any amount not paid because of a reduction ignored under paragraph (5).
(1) For the purposes of this Chapter an employed pensioner’s previous earnings is the average of the annual amounts of the member’s earnings in respect of practitioner service (or service which is treated as practitioner service) uprated to the date of entitlement to the pension in accordance with regulation 3.D.1(4)(b) and adjusted in each scheme year for inflation.
(2) The reference in paragraph (1) to adjusting that amount in each scheme year for inflation is to increasing it by the same amount as that by which an annual pension equal to that amount would have been increased under the Pensions (Increase) Act 1971 at 6th April in that scheme year if—
(a) that pension was eligible to be so increased, and
(b) the beginning date for that pension were the same as the beginning date for the old service pension.
(3) In this regulation “the beginning date”, in relation to a pension, means the date on which it is treated as beginning for the purposes of the Pensions (Increase) Act 1971 (see section 8(2) of that Act).
(1) This regulation provides for the application of this Chapter where a person is entitled to more than one old service pension falling within regulation 3.H.1(2)(c) in any scheme year.
(2) In regulation 3.H.3—
(a) for paragraphs (1) to (3) substitute—
“(1) If the condition in paragraph (2) is met, the amount of the old service pensions for any scheme year is reduced.
(2) The condition is that the employed pensioner’s relevant income for the scheme year exceeds the employed pensioner’s previous earnings for all the old employments.
(3) The amount of the reduction under paragraph (1) in the case of each of the pensions is equal to the same proportion of that excess as the amount of the pension for the scheme year before the reduction bears to the sum of the pensions for that year before the reduction”.
(3) In regulation 3.H.4(1)(b) for “the old service pension” substitute “all the old service pensions”.
(4) Regulation 3.H.7 applies as if references to the old service pension were references to all those pensions.
(1) If it appears to the Secretary of State that the condition in regulation 3.H.3(2) will be met in any scheme year in respect of the old service pension for that year, the Secretary of State may reduce the amount of that pension paid at any time in the scheme year.
(2) Where the old service pension for a scheme year is being reduced under this Chapter, the Secretary of State must review the amount of the reduction—
(a) at the end of the scheme year, and
(b) at any time during the scheme year if it appears to the Secretary of State that—
(i) the amount of the reduction made for the year is or may become incorrect, or
(ii) no reduction should be made.
(3) If at any time during the scheme year it so appears, the Secretary of State must make such adjustments, whether by altering the amount of the reduction or by repaying to the employed pensioner any amount that should not have been deducted from the pension, as appear to the Secretary of State to be required.
(4) If at the end of the scheme year it is apparent that—
(a) the reduction in the old service pension for the year was excessive, or
(b) no such reduction should have been made,
the Secretary of State must repay the amount due to the employed pensioner.
(5) If at the end of the scheme year it is apparent that the old service pension paid for the year exceeded the amount due because the reduction in the old service pension required under regulation 3.H.3 was not made, the employed pensioner must repay the excess to Secretary of State.
(6) Paragraph (5) does not affect the Secretary of State’s right to recover a payment or overpayment in any case where the Secretary of State considers it appropriate to do so.
For the purposes of this Part and of Part 4 of the 2004 Act, the Scheme administrator is the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)(132).
A person claiming to be entitled to benefits under this Part must make a claim in writing to the Secretary of State and provide such evidence of entitlement as the Secretary of State may require.
The Secretary of State may extend any time limit mentioned in this Part as it applies in any particular case.
(1) In the case of a beneficiary who, in the opinion of the Secretary of State, is by reason of illness, mental disorder, minority or otherwise unable to look after the beneficiary’s affairs, the Secretary of State may—
(a) use any amount due to the beneficiary under the Scheme for the beneficiary’s benefit, or
(b) pay it to some other person to do so.
(2) Payment of an amount to a person other than the beneficiary under paragraph (1) discharges the Secretary of State from any obligation under the Scheme in respect of the amount.
(1) The Secretary of State may pay any person entitled to a pension under the Scheme a lump sum representing the capital value of the pension and of any benefits that might have become payable under the Scheme on the person’s death apart from the payment if the conditions specified in paragraph (2) are met.
(2) The conditions are that the payment complies with the following requirements (so far as apply)—
(a) the contracting-out requirements,
(b) the preservation requirements,
(c) regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997(133),
(d) regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000(134),
(e) the lump sum rule (see, in particular, paragraph 7 of Schedule 29 to the 2004 Act: trivial commutation lump sums for the purposes of Part 4 of that Act), and
(f) the lump sum death benefit rule (see, in particular, paragraph 20 of that Schedule: trivial commutation lump sum death benefit for the purposes of that Part).
(3) The lump sum must be calculated by the Secretary of State in accordance with advice from the Scheme actuary.
(4) The payment of a lump sum under this regulation discharges all liabilities of the Secretary of State in respect of the pension in question and of any other such benefits as mentioned in paragraph (1).
(1) If, as a result of a member’s criminal, negligent or fraudulent act or omission, a loss to public funds occurs that arises out of or is connected with the member’s employment relationship with the member’s employer, the Secretary of State—
(a) may reduce any pension or other benefit payable to, or in respect of, the member under these Regulations by an amount less than or equal to the loss, or
(b) in a case where the loss equals or exceeds the value of the pension or other benefit, reduce them to nil or by any amount less than that value.
(2) Paragraph (1) does not apply so far as the pension or other benefit—
(a) is a guaranteed minimum pension or safeguarded rights which are derived from rights to such a pension, or
(b) arise out of a transfer payment.
(3) If the Secretary of State proposes to exercise the power under paragraph (1), the Secretary of State must give the member a certificate specifying the amount of the loss to public funds and of the reduction in benefits.
(4) If the amount of the loss is disputed, no reduction may be made under paragraph (1) until the member’s obligation to make good the loss has become enforceable—
(a) under the order of a competent court, or
(b) in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement by the parties) by the Sheriff.
(5) If the loss is suffered by an employing authority, the amount of any reduction under paragraph (1) must be paid to that authority.
(1) The Secretary of State may direct that all or part of any rights to benefits or other amounts payable to or in respect of a member under these Regulations be forfeited if—
(a) the member is convicted of any of the offences specified in paragraph (2), and
(b) the offence was committed before the benefit or other amount becomes payable.
(2) The offences are—
(a) an offence in connection with employment that qualifies the member to belong to the Scheme, in respect of which the Secretary of State has issued a forfeiture certificate,
(b) one or more offences under the Official Secrets Acts 1911 to 1989 for which the member has been sentenced on the same occasion to—
(i) a term of imprisonment of at least 10 years, or
(ii) two or more consecutive terms amounting in the aggregate to at least 10 years.
(3) In paragraph (2)(a) “forfeiture certificate” means a certificate that the Secretary of State is satisfied that the offence—
(a) has been gravely injurious to the State, or
(b) is liable to lead to serious loss of confidence in the public service.
(4) The Secretary of State may direct that all or part of any rights to benefits or other amounts payable in respect of a member under these Regulations be forfeited where the benefits or amounts are payable to a person to whom paragraph (5) applies who has been convicted of the murder or manslaughter of that member or of any other offence of which unlawful killing of that member is an element.
(5) This paragraph applies to a person who is—
(a) the member’s widow, widower, nominated partner or surviving civil partner,
(b) a dependant of the member,
(c) a person not falling within sub-paragraph (a) or (b) who is specified in a notice given under regulation 3.E.21(3) (payment of lump sum on death), or
(d) a person to whom such benefits or amounts are payable under the member’s will or on the member’s intestacy.
(6) A guaranteed minimum pension or safeguarded rights which are derived from rights to such pensions may be forfeited only if paragraph (1) applies in the case of an offence within paragraph (2)(b).
This is subject to paragraph (7).
(7) This regulation is without prejudice to section 2 of the Forfeiture Act 1870(135) (under which forfeiture is required in cases of treason, subject to whole or partial restoration under section 70(2) of the Criminal Justice Act 1948)(136).
(1) The Secretary of State may deduct from any payment under the Scheme any tax which is required to be paid in respect of it.
(2) Without prejudice to the generality of paragraph (1), if a person becoming entitled to a benefit under this Part—
(a) is a benefit crystallisation event under section 216 of the 2004 Act, and
(b) a lifetime allowance charge under section 214 of that Act arises when that event occurs,
the tax charged must be paid by the Scheme administrator.
(3) Paragraph (4) applies if—
(a) a member has given the Scheme administrator a statement in accordance with regulation 3.E.22 (tax treatment under the 2004 Act of lump sums payable on pensioners’ death) that a lump sum payable under that regulation is to be treated as a pension protection lump sum death benefit in accordance with paragraph 14 of Schedule 29 to the 2004 Act, and
(b) has not withdrawn that statement.
(4) Without prejudice to the generality of paragraph (1), when the lump sum is paid, the Scheme administrator may deduct the tax payable under section 206 of that Act (special lump sum death benefits charge) from the lump sum.
(1) This regulation applies if the whole or part of an amount to which this regulation applies is not paid by the end of the period of one month beginning with the due date.
(2) This regulation applies to any amount payable by way of a pension, lump sum, refund of contributions under the Scheme (other than any amount due under regulation 3.C.5 or 3.C.6) or interim award.
(3) The Secretary of State must pay interest on the unpaid amount to the person to whom it should have been paid unless the Secretary of State is satisfied that the unpaid amount was not paid on the due date because of some act or omission on the part of the member or other person to whom it should have been paid.
(4) The interest on the unpaid amount is calculated at the base rate on a day to day basis from the due date for the amount to the date of its payment and compounded with three-monthly rests.
(5) For the purposes of this regulation, except where paragraph (6) applies, “due date”, in relation to an unpaid amount, means—
(a) in the case of an amount in respect of a pension or lump sum payable to a member under Chapter 3.D, the day immediately following that of the member’s retirement from pensionable employment,
(b) in the case of an amount in respect of a pension payable on a member’s death, the day after the date of death,
(c) in the case of an amount in respect of a lump sum under Chapter 3.E that is payable to the member’s personal representatives, the earlier of—
(i) the date on which probate or letters of administration were produced to the Secretary of State, and
(ii) the date on which the Secretary of State was satisfied that the lump sum may be paid as provided in regulation 3.E.21(9) (amount of lump sum: dual capacity members),
(d) in the case of an amount in respect of any other lump sum under that Chapter, the day after the date of the member’s death, and
(e) in the case of an amount in respect of a refund of contributions, the day after that on which the Secretary of State received from Her Majesty’s Commissioners of Revenue and Customs the information required for the purposes of calculating the amount to be subtracted under regulation 3.C.16(3) or (4) (repayment of contributions).
(6) If, on the date which, in accordance with paragraph (5), would have been the due date for an unpaid amount in respect of a pension, lump sum or refund of contributions, the Secretary of State was not in possession of all the information necessary for the calculation of the amount payable in respect of the pension, lump sum or refund, the due date for the unpaid amount is the first day on which the Secretary of State was in possession of that information.
(7) In this regulation, “interim award” means—
(a) any amount paid by way of an interim payment calculated by reference to an expected benefit under the Scheme pending final calculation of the full value of that benefit, and
(b) any amount paid that increases the amount of an earlier payment due to a backdated or later increase in pensionable pay.
(1) Except as otherwise provided by this Part, any question arising under the Scheme is to be determined by the Secretary of State.
(2) Any such disagreement as is referred to in section 50 of the 1995 Act (resolution of disputes) must be resolved by the Secretary of State in accordance with any arrangements applicable under that section.
(1) The Secretary of State may make arrangements for functions under this Part in relation to decisions within paragraph (2) that are exercisable by the Secretary of State to be discharged by—
(a) a registered medical practitioner (whether practising alone or as apart of a group) whom the Secretary of State has approved to act on the Secretary of State’s behalf, or
(b) a corporate or unincorporated body which—
(i) employs registered medical practitioners (whether under a contract of service or a contract for services), and
(ii) is so approved.
(2) This paragraph applies to any decision as to a person’s health or degree of physical or mental infirmity or impairment that is required for the purposes of this Part and, in particular, any such decision required for the purposes of—
(a) regulation 3.D.7(2)(a) or (3)(a) (early retirement on ill-health (active members)),
(b) regulation 3.D.8(1)(a) or (b) or (3) (re-assessment of ill-health pension),
(c) regulation 3.D.9(1)(a) or (2)(a) (early retirement on ill-health (deferred members),
(d) regulation 3.D.15(6)(b) (procedure for allocation election under regulation 3.D.14),
(e) regulation 3.E.9(1)(b)(ii) (meaning of “dependent child”),
(f) regulation 3.J.4(1) (beneficiaries who are incapable of looking after their affairs).
Nothing in these Regulations requires or authorises the making of any payment, which, if made, would be an unauthorised payment for the purposes of Part 4 of the 2004 Act (see section 160(5) of that Act).
(1) Any assignment of, or charge on, or any agreement to assign or charge, any right to a benefit under the Scheme is void.
(2) On the bankruptcy of any person entitled to a benefit under the Scheme, no part of the benefit may be paid to the person’s trustee in bankruptcy or other person acting on behalf of the creditors, except in accordance with an order under section 310 of the Insolvency Act 1986(137) (income payments orders).
1967 c.28. Back [127]
1972 c. 11. Back [128]
S.I. 1972/1073. Back [129]
1984 c. 8 (Tynwald). Back [130]
1971 c. 56. Back [131]
The Authority was established by S.I. 2005/2414. Back [132]
S.I. 1997/785. Back [133]
S.I. 2000/1054. Back [134]
1870 c. 32. Back [135]
1948 c. 58. Back [136]
1986 c. 45. Section 310 is amended by paragraph 15 of Schedule 3 to the Pensions Act 1995 (c.26), paragraph 2 of Schedule 2 to the Welfare Reform and Pensions Act 1999 (c.30) and section 259 of the Enterprise Act 2002 (c.40). Back [137]
The National Health Service Pension Scheme Regulations 2008