The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No.95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 Regulations”) and the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No.367) (“the Injury Benefit Regulations).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this rule are to take effect before the date of commencement. Article 14(1) of the Superannuation (Northern Ireland) Order 1972 provides authority for the regulations specified in regulation 1(3) and (4) to take effect from a date earlier than the making of these Regulations.

Amendments particular to the 1995 Regulations:

• Regulation 3 amends the definition of ‘employing authority’ in regulation 2, clarifying the legislation under which Health and Social Care Trusts were established.

• Regulation 4 inserts in regulation 7 further restrictions on membership of the scheme for persons involved in pilot schemes who are not a registered dentist, and who were not members of, or ineligible to join the scheme prior to commencement of the pilot scheme.

• Regulation 5 excludes pilot providers and certain dental pilot scheme employees from accessing early retirement benefits as provided by regulation 14A.

• Regulation 6 amends regulation 83A to clarify the membership status of dentists who were not members of the scheme prior to commencement of the pilot and removes the requirement for the pilot provider (unless the provider is a qualifying body) to pay employer contributions.

• Regulation 7 inserts new sub-paragraph (6) in paragraph 19 of Schedule 2 to the 1995 Regulations which clarifies the position of pilot providers and performers when absent from work.

Amendments particular to the 2008 Regulations:

• Regulations 9 and 14 insert definitions concerning piloted dental services to regulations 6 and 137 respectively.

• Regulations 10 and 16 amend regulations 9 and 144 respectively to clarify the position of dental pilot scheme providers and performers when absent from work.

• Regulations 11 and 18 amend regulations 22 and 154 respectively which place restrictions on access to the pension scheme for certain persons involved in pilot schemes, who are not a registered dentist.

• Regulation 12 corrects an amendment previously made to regulation 28 by omitting paragraph (4).

• Regulation 13 excludes pilot providers and certain dental pilot scheme employees from accessing early retirement benefits as provided by regulation 55.

• Regulations 15 and 17 widen the definition in regulations 143 and 149 respectively of pensionable earnings to include income derived from piloted services.

• Regulation 19 inserts new regulation 155A which clarifies how scheme membership of participators in pilot schemes is to be treated. It also requires that where the provider of piloted services is a qualifying body, the qualifying body is responsible for payment of the employer contributions for dental pilot scheme employees and those with whom it has a contract for services.

• Regulation 20 inserts new paragraph (12A) to regulation 164 which clarifies who is responsible for the payment of employee and employer contributions for those participating in piloted services.

Amendment to the Injury Benefits Regulations

Regulation 21 amends regulation 4 of the Injury Benefit Regulations so that where a person authorises a deduction from their HSC Pension Scheme benefits in respect of an annual allowance charge, the amount of that deduction shall be disregarded for the purposes of regulation 4(6)(a).

Miscellaneous

Regulation 22 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into operation of these Regulations.