The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019

PART 6 Amendments to the National Health Service (Injury Benefits) Regulations 1995

General

99.  The National Health Service (Injury Benefits) Regulations 1995(1) are amended in accordance with this Part.

Amendment of regulation 2

100.—(1) Regulation 2 (interpretation) is amended as follows.

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

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

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

(3) In the definition of “surviving partner”(2) for “nominated partner” substitute “scheme partner”.

New regulations 2D and 2E

101.  After regulation 2C (meaning of “average remuneration”)(3) insert—

“Meaning of scheme partner

2D.   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

2E.   A person (person B) is a “surviving scheme partner” of a person to whom these regulations apply (person A) if the Secretary of State 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 7

102.  In regulation 7 (surviving partner allowances), for paragraph (3)(4)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; or

(b) if the Secretary of State 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).”.

Amendment of regulation 8

103.  In regulation 8 (child’s allowance), in paragraph (2), in sub-paragraph (c), for “nominated partner”(5) substitute “surviving scheme partner”.

Amendment of regulation 9

104.  In regulation 9 (dependent relative’s allowance), in paragraph (1), in sub-paragraph (a), for “nominated partner’s”(6) substitute “surviving scheme partner’s”.

Amendment of regulation 11

105.  In regulation 11 (lump sum payment on death), in paragraph (1), in sub-paragraph (b), for “nominated partner”(7) substitute “surviving scheme partner”.

(1)

S.I. 1995/866. Relevant amending instruments are S.I. 2008/655 and 2015/96.

(2)

The definition of “surviving partner” was inserted by regulation 3(1) and (2)(b) of S.I. 2008/655.

(3)

Regulation 2C was inserted by regulations 47 and 50 of S.I. 2015/96.

(4)

Paragraph (3) was last substituted by regulation 3(1) and (6) of S.I. 2008/655.

(5)

The expression “nominated partner” was inserted by regulation 3(1) and (7)(a) of S.I. 2008/655.

(6)

The expression “nominated partner’s” was inserted by regulation 3(1) and (8)(a) of S.I. 2008/655.

(7)

The expression “nominated partner” was inserted by regulation 3(1) and (9)(b) of S.I. 2008/655.