The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Amendment of the Financial Assistance Scheme Regulations 2005

4.—(1) Regulation 17 (annual payments) is amended in accordance with this regulation.

(2) In paragraph (2)(1), for “or (3A)(2)” substitute “, (3A) or (3C) or regulation 17C”.

(3) In paragraph (3)(3)—

(a) after “qualifying member is receiving” insert “a payment under paragraph (3C) or”, and

(b) after “payment under regulation 17B(2)” insert “or an annual payment under regulation 17C”.

(4) After paragraph (3B), insert—

“(3C) Except where regulation 17C applies, a qualifying member shall be entitled to an annual payment determined in accordance with Schedule 2(4) where—

(a) that member makes a written request for such a payment;

(b) the member is—

(i) not receiving any payments under these Regulations; or

(ii) receiving only payments for a survivor by virtue of paragraph (4), regulation 17A(3), 17B(2)(b) or 18(4)(5); and

(c) the scheme manager is satisfied that the member meets the conditions in paragraph (3D).

(3D) The conditions in this paragraph are that the qualifying member—

(a) has attained the age of 55;

(b) suffers from a progressive disease and as a consequence—

(i) cannot reasonably be expected to die within six months; and

(ii) can reasonably be expected to die within five years;

(c) is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; and

(d) is not regarded as a qualifying member by virtue of regulation 15(5).

(3E) The date from which a qualifying member is entitled to an annual payment under paragraph (3C) is the date on which the scheme manager receives the written request mentioned in paragraph (3C)(a).”.

(5) In paragraph (6), for “and (5B)” substitute “, (5B) and regulation 17C(8)”.

(1)

Paragraph (2) was amended by S.I.s 2008/1432 and 1903.

(2)

Paragraphs (3A) and (3B) were inserted by S.I. 2008/1432.

(3)

Paragraph (3) was amended by S.I.s 2005/3256 and 2008/1903.

(4)

Schedule 2 was amended by S.I.s 2005/3256, 2006/3370, 2007/3581 and 2008/1432 and 1903.

(5)

Regulations 17A and 17B were inserted by, and regulation 18(4) was substituted by, S.I. 2008/1903.