The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

PART 1 N.I. INTRODUCTORY AND GENERAL

CHAPTER 1 N.I. INTRODUCTION

Citation, commencement and effect N.I.

1.  These Regulations may be cited as the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 and shall come into operation on 1st July 2008 and shall have effect from 1st April 2008.

Application of remaining Parts N.I.

2.—(1) Part 2 provides for benefits to be payable in relation to service as an officer (as defined in that Part).

(2) Part 3 provides for benefits to be payable in relation to service as—

(a) a practitioner, or

(b) an OOH provider,

(both as defined in that Part).

(3) Part 4 modifies Parts 2 and 3 where a member has pensionable service under both Parts 2 and 3.

CHAPTER 2 N.I. SCHEME REPORTS AND ACCOUNTS

Actuarial reports and accounts N.I.

3.—(1) The following paragraphs apply to the Health and Social Care Pension Scheme as set out in these Regulations and the 1995 Regulations.

(2) The Department shall keep accounts of all income and expenditure of the Scheme in a form approved by the Department of Finance and Personnel.

(3) The accounts shall be open to examination by the Comptroller and Auditor General.

[F1 (3A) The Scheme actuary must prepare an actuarial report of the scheme as at the 31st March 2012.

(3B) The Scheme actuary must send a copy of the actuarial report of the scheme to the Department and the Department of Finance and Personnel.

(3C) Where the Department indicates to the Scheme actuary that the actuarial report referred to in paragraph (3A) is also used for the purposes of establishing a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (“the proposed new scheme”), the Scheme actuary must prepare the report taking account of any Department of Finance and Personnel directions given from time to time pursuant to sections 11(2) and 12(3) of that Act (including any specific requirements in those directions relating to a preliminary valuation undertaken for the purposes of setting the employer cost cap for the proposed new scheme).]

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3(3A)-(3C) added (with effect in accordance with reg. 1(4) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 8

F2 Reg. 3(4) omitted (retrospective and with effect in accordance with reg. 1(2) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/259), regs. 1(2), 18

F3 Reg. 3(5) omitted (retrospective and with effect in accordance with reg. 1(2) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/259), regs. 1(2), 18

F4 Reg. 3(6) omitted (retrospective and with effect in accordance with reg. 1(2) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/259), regs. 1(2), 18

Cost Sharing N.I.

F5 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 4 omitted (retrospective and with effect in accordance with reg. 1(2) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/259), regs. 1(2), 19

Provision of information relevant for tax purposes N.I.

5.—(1) A person who is entitled to a benefit under [F6 this Section of the Scheme] must give the Department such information as will enable it to determine—

(a) whether a lifetime allowance charge arises on the person becoming entitled to the benefit, and

(b) if any such charge arises, the amount of the tax payable.

(2) Paragraph (1) applies whether or not the person intends to rely on having given notice under any of the provisions specified in section 256(1) of the Finance Act 2004 (enhanced lifetime allowance regulations).

(3) If a person applying for a benefit under [F7 this Section of the Scheme] intends to rely on entitlement by virtue of any such notice, in addition to the information mentioned in paragraph (1) the person must give the Department the reference number issued by the Commissioners under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 M1 in respect of that entitlement.

[F8 (3A) If a person applying for a benefit under this Section of the Scheme intends to rely on entitlement to transitional protection against a lifetime allowance charge in accordance with paragraph 14 of Schedule 18 to the 2011 Act [F9 or paragraph 1 of Schedule 22 to the Finance Act 2013] , that person must give the Department the reference number issued by the Commissioners under the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011 [F10 or the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013] in respect of that entitlement.]

(4) The information that a person is required to give under this regulation must be given—

(a) at the time the person makes a claim for a benefit, or

(b) within such period ending after that time as the Department specifies in writing.

(5) If a person fails to comply with paragraph (4) (b), the Department may calculate and pay tax due in respect of the lifetime allowance charge on the basis that the whole benefit is chargeable.

[F11 (6) Paragraph (7) applies to members who are practitioners or non-GP providers.

(7) The members referred to in paragraph (6) shall provide the information required by regulation 15A of the Registered Pension Schemes (Provision of Information) Regulations 2006 in respect of their benefits under the Scheme in a manner prescribed from time to time by the Department.]

Textual Amendments

F6 Words in reg. 5(1) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 15

F7 Words in reg. 5(3) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 15

F8 Reg. 5(3A) inserted (6.4.2012) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/78), regs. 1(5)(b), 10(2)

F9 Words in reg. 5(3A) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 9(a)

F10 Words in reg. 5(3A) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 9(b)

F11 Reg. 5(6)(7) added (6.4.2012) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/78), regs. 1(3)(b), 10(3)

Marginal Citations

M1 S.I. 2006/131