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There are currently no known outstanding effects for the The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008, Cross Heading: Interest on delayed payments.
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256.—(1) This regulation applies if the whole or part of an amount to which this regulation applies is not paid by the end of the period of one month beginning with the due date.
(2) This regulation applies to any amount payable by way of a pension, lump sum or refund of contributions under [F1this Section of] the Scheme (other than any amount due under regulation 164 or 165 or interim [F2or substitute] award).
[F3(3) The Department must pay interest on the amount of a pension, lump sum, refund of contributions or an interim or substitute award which is unpaid (“the unpaid amount”) to the person to whom it should have been paid unless the Department is satisfied that the unpaid amount was not paid on the due date because of some act or omission on the part of the member or other person to whom it should have been paid.]
(4) The interest on the unpaid amount is calculated at the base rate on a day to day basis from the due date for the amount to the date of its payment and compounded with three-monthly rests.
(5) For the purposes of this regulation, except where paragraph (6) applies, “due date”, in relation to an unpaid amount [F4(other than an unpaid amount in respect of an interim or substitute award)] , means—
(a)in the case of an amount in respect of a pension or lump sum payable to a member under Chapter 4 [F5or a lump sum under regulation 260K] (members' retirement benefits), the day immediately following that of the member's retirement from pensionable employment,
(b)in the case of an amount in respect of a pension payable on a member's death, the day after the date of death [F6, other than a pension payable under regulation 213A (Pension payable when member dies on or after reaching age 75)] ,
(c)in the case of an amount in respect of a lump sum under Chapter 5 (death benefits) that is payable to the member's personal representatives, the earlier of—
(i)the date on which probate or letters of administration were produced to the Department, and
(ii)the date on which the Department was satisfied that the lump sum may be paid as provided in regulation 214(9), and
(d)in the case of an amount in respect of any other lump sum under that Chapter, the day after the date of the member's death, and
(e)in the case of an amount in respect of a refund of contributions, the day after that on which the Department received from Her Majesty's Commissioners of Revenue and Customs the information required for the purposes of calculating the amount to be subtracted under regulation 175(3) or (4)[F7; and
(f)in the case of an amount in respect of a pension under regulation 213A that is payable to—
in the case of an amount in respect of a pension under regulation 213A that is payable to—
the member’s personal representatives, the date on which probate or letters of administration were produced to the Department, and
any person or body to whom the pension has been assigned by the member’s personal representatives, the date on which the notice under regulation 214(10) was received by the Department, and
any person or body other than those referred to in heads (i) and (ii), the day immediately following the day of the member’s death.]
[F8(6) The due date for an unpaid amount—
(a)referred to in paragraph (5) in respect of which the Department was not in possession of all the information necessary for the calculation of the amount of the pension, lump sum or refund of contributions referred to in that paragraph on the date which would, in accordance with paragraph (5) be the due date;
(b)in respect of an interim or substitute award,
shall be the first day on which the Department was in possession of all the information necessary to calculate that pension, lump sum, refund of contributions or interim or substitute award.]
(7) In this regulation, “ [F9interim or substitute award] ” means—
(a)any amount paid by way of an interim payment calculated by reference to an expected benefit under [F10this Section of] the Scheme pending final calculation of the full value of that benefit, F11...
(b)any amount paid that increases the amount of an earlier payment due to a backdated or later increase in pensionable pay[F12; and
(c)any amount paid that increases the amount of an earlier payment due to the payment of a tier 2 ill-health pension under regulation 182 paid to a member in substitution for a tier 1 ill-health pension under that regulation following a determination by the Department under regulation 183.]
Textual Amendments
F1Words in reg. 256(2) inserted (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), reg. 1(2), Sch. 2 Pt. 1
F2Words in reg. 256(2) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(2)
F3Reg. 256(3) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(3)
F4Words in reg. 256(5) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(4)
F5Words in reg. 256(5)(a) inserted (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), 95
F6Words in reg. 256(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 79(2) (with reg. 89)
F7Reg. 256(5)(f) and word added (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 79(3) (with reg. 89)
F8Reg. 256(6) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(5)
F9Words in reg. 256(7) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(6)(a)
F10Words in reg. 256(7)(a) inserted (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), reg. 1(2), Sch. 2 Pt. 1
F11Word in reg. 256(7)(a) omitted (with effect in accordance with reg. 1(2) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(6)(b)
F12Reg. 256(7)(c) and word added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 77(6)(c)
256A.—(1) For the purposes of this regulation, where an employing authority fails to pay, by the dates therein specified, contributions it is required to pay under any or all of regulations 160, 162, 164, 165, 167 or 168 there is a chargeable event.
(2) Where there is a chargeable event, the Department may determine by the Department what amount of contributions are unpaid having regard to—
(a)the amount of contributions historically paid at a chargeable event by that employing authority;
(b)any reasons or explanation provided by the employing authority for the change in the amount of contributions if any it has paid at such an event;
(c)any other factors that the Department considers relevant.
(3) Where there is a chargeable event, the employing authority is liable to pay standard rate interest on the amount of unpaid contributions constituting that event and an administration charge in respect of each such event.
(4) Where the Department becomes aware of a chargeable event, the Department shall give the employing authority a written notice specifying—
(a)the date of the chargeable event;
(b)the amount of unpaid contributions determined under paragraph (2) constituting each such chargeable event;
(c)the amount of interest at the standard rate payable in respect of each of those events;
(d)the amount of administration charge payable in respect of that event;
(e)that payment of the amounts referred to in paragraphs (c) and (d) is to be made within 1 month of the date of the notice and that failure to do so incurs further interest and administration charges.
(5) Any amount payable by way of interest or payable by way of an administration charge is to be paid as a single lump sum unless the Department considers the case to be exceptional and considers it appropriate for all, or part, of such an amount to be paid over a period and by a number of instalments, determined by the Department.
(6) Where the Department considers the case to be exceptional, nothing in the preceding paragraphs prevents the Department from waiving all or any part of the amount of interest, or all or any administration charges, payable.
(7) In the case of arrears in respect of the scheme year 2015-16 and subsequent years, the standard rate of interest is the aggregate of the percentage (if any) by which the consumer prices index for the February before the scheme year in which the chargeable event arose is higher than it was for the previous February plus 3%, compounded at annual intervals.
(8) The administration charge in respect of arrears in respect of the scheme year 2015-2016 and subsequent years is £75.
(9) In any particular case the Department may direct that, for the purposes of this regulation, “employing authority” includes one or more of, a successor, transmittee or assignee of an employing authority’s business or functions.]
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