The Financial Assistance Scheme Regulations 2005

PART 4 U.K. QUALIFYING MEMBERS

Qualifying members U.K.

15.— [F1 (1) A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of—

(a) section 286A (restriction on purchase of annuities); and

(b) these Regulations,

where the conditions in paragraphs (2) to (3A) are satisfied in relation to that member or former member or would have been satisfied in relation to that member or former member had that member or former member not died before the coming into force of these Regulations.]

(2) The condition in this paragraph is that the member or former member must have an accrued right to a benefit under the scheme.

(3) The condition in this paragraph is that the member or former member—

(a) was a member of the qualifying pension scheme immediately before the scheme began to wind up; or

(b) was not a member of the scheme at that time but became a pension credit member of the scheme on or after the day on which the scheme began to wind up.

[F2 (3A) The condition in this paragraph is that the scheme’s pension liabilities have not been satisfied in full in respect of that member.]

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F4 Except for the purposes of regulations 17A and 17B,] a person who is not a member or a former member of a qualifying pension scheme is to be regarded as a qualifying member of such a scheme for the purposes of these Regulations where—

(a) he was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up;

(b) that payment was attributable to the pensionable service of a former member of that scheme who has died;

[F5 (c) the scheme’s pension liabilities in respect of that person have not been satisfied in full.]

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 15(1) substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 6(a)

F2 Reg. 15(3A) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 6(b)

F3 Reg. 15(4) omitted (19.12.2007) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 5(b)

F4 Words in reg. 15(5) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 8

F5 Reg. 15(5)(c) substituted (1.4.2010) by The Pensions Act 2008 (Commencement No. 7 and Saving, Consequential and Incidental Provisions) Order 2010 (S.I. 2010/1145), art. 4(1)(b)(3)

F6 Reg. 15(5)(d) and word omitted (19.12.2007) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 5(c)

Qualifying members for the purposes of section 286A U.K.

F7 15A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 15A omitted (2.4.2010) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 7

Insufficient assets U.K.

F8 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 16 omitted (2.4.2010) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 7

[F9 Survivors U.K.

16A.— (1) Subject to paragraphs (2) and (3), a person is a survivor of a qualifying member who has died where that person is the qualifying member’s widow, widower or surviving civil partner.

(2) Where the conditions in paragraph (4) are satisfied—

(a) the qualifying member’s surviving partner is a survivor of that qualifying member; and

(b) where the qualifying member leaves a widow, widower or surviving civil partner, that widow, widower or surviving civil partner is not a survivor of that qualifying member.

(3) Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a survivor of the former member referred to in regulation 15(5)(b).

(4) The conditions for the purposes of paragraph (2) are that—

(a) immediately before the qualifying member’s death, the qualifying member had a partner (“the surviving partner”);

(b) the rules of the qualifying pension scheme include provision (whether discretionary or otherwise) to pay a survivor’s pension to a partner of the qualifying member;

(c) the scheme manager is satisfied that the surviving partner was living with the qualifying member immediately before the qualifying member’s death; and

(d) either—

(i) the qualifying member provided the scheme manager with a signed written notice nominating the surviving partner as that member’s survivor;

(ii) the qualifying member provided the trustees or managers of the qualifying pension scheme with a valid nomination in accordance with the rules of the qualifying pension scheme to pay a survivor’s pension to the surviving partner; or

(iii) where the qualifying member did not leave a widow, widower or surviving civil partner, the scheme manager is satisfied that the qualifying member and the surviving partner were financially interdependent or the surviving partner was financially dependent on the qualifying member.

(5) For the purposes of enabling the scheme manager to be satisfied or not satisfied that the conditions in paragraphs (4)(c) and (d)(ii) or (iii) are met, the surviving partner must provide evidence that those conditions are met to the scheme manager.

Textual Amendments

F9 Reg. 16A - Reg. 16B inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 11 (with reg. 37)

Surviving dependants U.K.

16B.— (1) Subject to paragraph (2), a child of the family of a qualifying member is a surviving dependant of that qualifying member for the purposes of these Regulations where—

(a) the child was financially dependent on the member and is aged—

(i) less than 18; or

(ii) less than 23 and is—

(aa) attending a qualifying course; or

(bb) incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995; and

(b) the scheme manager is provided with—

(i) in the case of a natural child or unborn child, a birth certificate demonstrating that the child was the natural child of the member;

(ii) in the case of an adopted child, the adoption certificate demonstrating that the child was the adopted child of the member;

(iii) in the case of any other child in respect of whom sub-paragraph (a) is satisfied, evidence demonstrating to the satisfaction of the scheme manager that the child was a dependent child of the member immediately before the qualifying member’s death.

(2) Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a surviving dependant of the former member referred to in regulation 15(5)(b).]

Textual Amendments

F9 Reg. 16A - Reg. 16B inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 11 (with reg. 37)