The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022

PART 6 Amendments to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

General

73.  The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001(1) are amended as provided by regulations 74 to 79.

Amendment of regulation 2

74.—(1) Regulation 2 (Interpretation) is amended as provided by paragraphs (2) and (3)

(2) At the appropriate place in alphabetical order insert—

““scheme partner” has the meaning given in regulation 2C;”;

““surviving scheme partner” has the meaning given in regulation 2D;”.

(3) In the definition of “surviving partner” for “nominated partner” substitute “scheme partner”.

New regulations 2C and 2D

75.  After regulation 2B (Meaning of average remuneration)(2) insert—

“Meaning of scheme partner

2C.   A person (person B) is the “scheme partner” of a person to whom these regulations apply (person A) if—

(a) person A and person B are living together as if they were husband and wife or civil partners,

(b) person A and person B are not prevented from marrying or entering into a civil partnership,

(c) person A and person B are financially interdependent or person B is financially dependent on person A, and

(d) neither person A nor person B is living with a third person as if they were husband and wife or civil partners.

Meaning of surviving scheme partner

2D.   A person (person B) is a “surviving scheme partner” of a person to whom these regulations apply (person A) if the Department is satisfied that for a continuous period of at least two years, ending with person A’s death, person B was the scheme partner of person A.”.

Amendment of regulation 8

76.—(1) Regulation 8 (Surviving partner allowances)(3) is amended as provided by paragraphs (2) and (3)

(2) For paragraph (3) substitute—

“(3) Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance—

(a) if the marriage took place or the civil partnership was formed after the later of the date on which—

(i) the deceased last ceased to be employed as person to whom these Regulations apply; or

(ii) the earning ability of the deceased was permanently reduced as a result of the injury or disease;

(b) if the Department is not satisfied that the deceased’s partner was the deceased’s scheme partner for a continuous period of at least two years ending with the later of the dates referred to in (a);

(c) if at the date of the deceased’s death such surviving partner is not married or in a civil partnership but is living with another person as if married or in a civil partnership; or

(d) in respect of any period after such surviving partner—

(i) remarries or forms a civil partnership; or

(ii) during which she or he lives together with another person as if married to or in a civil partnership with that other person,

but where such relationship has terminated, the Department may restore an allowance to a surviving partner if the Department is satisfied that such surviving partner is suffering hardship.”.

(3) In paragraph (3A)(b), after “civil partnership” insert “with a person of the same sex”.

Amendment of regulation 9

77.  In regulation 9 (Child’s allowance)(4), in paragraph (2), in sub-paragraph (c), for “nominated partner” substitute “surviving scheme partner”.

Amendment of regulation 10

78.  In regulation 10 (Dependent relative’s allowance)(5), in paragraph (1), in sub-paragraph (a), for “nominated partner’s” substitute “surviving scheme partner’s”.

Amendment of regulation 12

79.  In regulation 12 (Lump sum payment on death)(6), in paragraph (1), in sub-paragraph (b), for “nominated partner” substitute “surviving scheme partner”.

(1)

S.R. 2001 No.367 as amended by S.R. 2005 Nos.533 and 565; S.R. 2006 Nos.159 and 410; S.R. 2008 Nos.130 and 350; S.R. 2009 Nos.65 and 188; S.R. 2010 No.286; S.R. 2012 No.42; S.R. 2013 Nos.40 and 141 and S.R. 2015 No.121

(2)

Regulation 2B was inserted by S.R. 2015 No.121, regulation 45

(3)

Regulation 8 as amended by S.R. 2005 No.533, regulation 4(2) and S.R. 2008 No.350, regulation 3(6)

(4)

Regulation 9 as amended by S.R. 2005 No.533, regulation 4(3); S.R. 2008 No.350, regulation 3(7) and S.R. 2015 No.121, regulation 47

(5)

Regulation 10 as amended by S.R. 2005 No.533, regulation 4(4) and S.R. 2008 No.350, regulation 3(8)

(6)

Regulation 12 as amended by S.R. 2005 No.533, regulation 4(5) and S.R. 2008 No.350, regulation 3(9)