The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation 3.E.21

70.  In regulation 3.E.21 (payment of lump sums on death)—

(a) in the heading to that regulation, after “lump sums” insert “or pensions”;

(b) in paragraph (1), after “regulation 3.E.16” insert “or a pension payable under regulation 3.E.20A”;

(c) in paragraph (2)—

(i) after “lump sum” insert “or pension”, and

(ii) for “under paragraph (4) or (6)” substitute “or body under paragraph (4), (6) or (10)”;

(d) in paragraphs (3), (4) and (6), after “lump sum” in each paragraph insert “or pension”;

(e) in paragraph (7), after “lump sum” (twice) insert “or pension”;

(f) after paragraph (9), insert—

“(10) The member’s personal representatives may, as part of the distribution of the member’s estate, give irrevocable notice to the Secretary of State—

(a) specifying—

(i) one or more individuals, or

(ii) one incorporated or unincorporated body,

to whom the benefit of the pension under regulation 3.E.20A from the date of receipt of the notice by the Secretary of State is to be assigned, and

(b) where two or more individuals are specified, specifying the percentage of the pension payable to each of them,

and the pension (or, as the case may be, the percentage of it specified in respect of the person) may be paid to the person or body, unless paragraph (11) applies.

(11) This paragraph applies if—

(a) the person specified in the notice has died before the payment can be made,

(b) payment to that person or body is not, in the opinion of the Secretary of State, reasonably practicable, or

(c) the person to whom the pension (or a specified percentage of the pension) would otherwise be payable has been convicted of an offence specified in regulation 3.J.7(4) (forfeiture of rights to benefit) and the Secretary of State has directed, as a consequence of that conviction, that the person’s right to a payment in respect of the member’s death is forfeited.

(12) The prohibition on assignment of benefits in regulation 3.J.13 (prohibition on assignment or charging of benefits) shall not apply to an assignment by personal representatives under this regulation.”.