The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Contributions by members N.I.

27.—(1) Each active member must make contributions to the Scheme in respect of the member's pensionable pay in accordance with regulation 28—

(a) until the member completes 45 years' pensionable service, or

(b) where the notice required by regulation 7(3) has been properly received, until the member ceases officer service.

(2) The member's employing authority in respect of the employment must deduct the member's contributions from the member's earnings for the period and pay them to the Department not later than the 19th day of the month following the month in which the earnings were paid.

(3) A non-GP provider shall pay C1 contributions to the host Board.

(4) If a non-GP provider is engaged under a contract of service or for services by an employing authority or is a partner or shareholder in an employing authority that is not an OOH provider, that authority shall—

(a) deduct C1 contributions from any pensionable pay it pays that person, and

(b) if it is not also the host Board, pay those contributions to that Health and Social Services Board.

(5) Subject to paragraph (6), if a non-GP provider is—

(a) an employing authority which is a GMS practice or an APMS contractor, or

(b) a shareholder or partner in such an employing authority,

that employing authority must pay C5 contributions to the host Board.

(6) If a non-GP provider is a shareholder or partner in more than one employing authority referred to in paragraph (5), each employing authority must pay C5 contributions on any pensionable pay it pays to the non-GP provider or, as the case may be, on the non-GP provider's share of the partnership profits, to the host Board.

(7) If paragraph (4) applies (but paragraph (5) does not) and the employing authority referred to in that paragraph—

(a) is not the host Board, that authority must pay C5 contributions to the host Board;

(b) is the host Board, that Health and Social Services Board must pay C5 contributions to the Department in respect of any pensionable pay it pays to the non-GP provider.

(8) Contributions which are required to be paid to the host Board in accordance with this regulation must be paid to that Health and Social Services Board not later than the 7th day of the month following the month in which the earnings were paid.

(9) It shall be a function of the host Board to pay the contributions—

(a) paid to it by a non-GP provider;

(b) paid to it by another employing authority;

(c) it is liable to pay by virtue of paragraph (7)(b),

in accordance with the provisions of this regulation, to the Department not later than the 19th day of the month following the month in which the earnings were paid.

(10) Without prejudice to any other method of recovery, if in respect of C1 contributions—

(a) a non-GP provider has failed to pay contributions; or

(b) an employing authority has failed to deduct such contributions,

in accordance with this paragraph, the Department may recover any sum that remains due in respect of those contributions by deduction from any payment by way of benefits to, or in respect of, the member entitled to them if—

(c) the member agrees to such a deduction; and

(d) the deduction is to the member's advantage.

(11) For the purposes of this regulation—

(a) “C1 contributions” means contributions payable under this regulation by a non-GP provider under the Scheme;

(b) “C5 contributions” means contributions payable under regulation 31 by an employing authority in respect of a non-GP provider.

(12) If an employing authority fails to deduct contributions payable by a member in respect of an employment from the member's earnings and the member agrees, the Department may recover any sum that remains due in respect of those contributions by deduction from any payment by way of benefits to, or in respect of, the member.

(13) Paragraph (12) does not affect any other right of recovery the Department may have.

(14) A member who is absent from service in circumstances within regulation 9 (1) to (3) may make contributions to the Scheme in respect of the member's pensionable pay in accordance with that regulation and regulation 28.