The National Health Service (Superannuation, Premature Retirement and Injury Benefits) (Scotland) Amendment Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Superannuation) (Scotland) Regulations 1980 (“the principal Regulations”), the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981 (“the compensation Regulations”), and the National Health Service (Scotland) (Injury Benefits) Regulations 1974 (“the injury benefits Regulations”).

Regulation 3 amends regulation 3 of the principal Regulations by including Special Health Boards and National Health Service trusts in the definition of “employing authority” and providing for certain non-recurring bonuses not to be superannuable.

Regulations 4 and 5 amend regulations 4 and 4A of the principal Regulations to give all part-time officers regardless of the number of hours worked the option of being superannuated under the principal Regulations.

Regulations 4 and 10 amend regulations 4 and 66 of the principal Regulations by excluding certain dental practitioners who have received early retirement benefits from acquiring further superannuation benefits under the principal Regulations.

Regulation 6 is a consequential amendment to Regulation 8 of the principal Regulations to take account of the paragraph numbering in the revised Schedule 2 which was inserted by S.I. 1988/1956.

Regulation 7 amends regulation 21 of the principal Regulations by increasing the limit for commutation of certain benefits from £78 to £260 and linking future increases of that limit to regulations made under paragraph 15 of Schedule 16 to the Social Security Act 1973 (c. 38) and section 39 of the Social Security Pensions Act 1975 (c. 60). It also inserts provision that in calculating whether the annual sum payable to a person exceeds that limit there shall be taken into account the actuarial equivalent as a pension of any lump sum benefits and any benefits payable under an additional voluntary contributions scheme.

Regulation 8 amends regulation 39 of the principal Regulations to remove the option to take a refund of pre-6th April 1975 contributions as part of a short service benefit.

Regulation 9 inserts two new paragraphs in regulation 60 of the principal Regulations to provide that where a person entitled to payment of pension or other benefit becomes bankrupt, he will continue to be entitled to such payment unless an order of court provides otherwise.

Regulation 11 amends regulation 68(2) of the principal Regulations so that it no longer provides for the remuneration of an associate general practitioner to be deducted in calculating the remuneration of a practitioner for purposes of the principal Regulations. That provision was inappropriate as the remuneration of an associate general practitioner is a practice expense and as such already deductible under regulation 68(2).

Regulation 12 is a consequential amendment to Schedule 5 of the principal Regulations to take account of the amendment of regulation 17 by S.I. 1988/1956.

Regulation 13 provides that Schedule 6 of the principal regulations will cease to have effect; it is no longer necessary as a result of the amendment made by regulations 4 and 5 of these Regulations.

Regulation 14 amends regulation 2 of the compensation Regulations by including Special Health Boards and National Health Service trusts in the definition of “employing authority” and certain dental practitioners in the definition of “officer”.

Regulations 15 and 16 amend regulations 6 and 7 of the compensation Regulations so that in respect of service on or after 6th April 1988 widows and widowers are entitled to similar benefits.

Regulation 17 amends regulations 2 of the injury benefits Regulations to include Special Health Boards and National Health Service trusts in the definition of “employing authority”.

Regulation 18 amends regulation 4(6)(b) of the injury benefits Regulations to take into account retirement allowance. It also removes from the calculation of benefit under the injury benefit Regulations any increase in disablement pension due as a result of in-patient hospital treatment.

Regulations 19 and 21 amend regulations 7 and 20 of the injury benefits Regulations so that from 6th April 1988 widowers are entitled to similar rights to widows. Regulation 19 also removes the requirement, for deaths occurring on or after 6th April 1988, that a widower must be incapable, by reason of permanent ill-health, of earning his own living before he may qualify for benefits. Obsolete references to industrial injuries death benefits are removed and the period of the higher initial allowance is increased from 3 months to 6 months from the coming into force of these Regulations.

Regulation 20 amends regulation 11(1) of the injury benefits Regulations by increasing any lump sum payable on death from one quarter to one half of average remuneration, from the coming into force of these Regulations.

Section 12(1) of the Superannuation Act 1972 authorises the making of Regulations with retrospective effect. Regulation 1 provides that certain provisions of these Regulations shall have retrospective effect as follows:—

(a) regulations 6, 15, 16, 19(b)(ii) and (iii), 19(c) and 21 as from 6th April 1988;

(b) regulation 19(a) as from 11th April 1988;

(c) regulation 12 as from 12th December 1988;

(d) regulation 11 as from 1st April 1990;

(e) regulation 8 as from 28th February 1991; and

(f) regulations 3, 4, 5, 10, 13, 14 and 17 as from 1st April 1991.

The remaining provisions have effect on the date these regulations come into force.