2022 No. 245
Health And Personal Social ServicesPublic Service Pensions
The Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022
Made 10 October 2022
Coming into operation 1 November 2022

The Department of Health makes the following Regulations in exercise of the powers conferred by Articles 12(1,) (2) and (3) and 14(1) and (2) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972 and sections 1(1) and (2)(e), 3(1), (2) and (3) and 18(5) of, and paragraph 5 of Schedule 2 and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 2014.
1972/1073 (N.I. 10) as amended by S.I. 1990/1509 (N.I. 13); 1993 c.49 and S.I. 2002/1555
2014 c.2 (N.I.) section 3 was amended by section 94(11) to (14) of the Public Service Pensions and Judicial Offices Act 2022 (c 7)
In accordance with Article 12(4) of the Superannuation (Northern Ireland) Order 1972 and section 21(1) of the Public Service Pensions Act (Northern Ireland) 2014, the Department has consulted the representatives of such persons as appear to the Department likely to be affected by these Regulations.
In accordance with Article 12(1) of the Superannuation (Northern Ireland) Order 1972 and section 3(5) of the Public Service Pensions Act (Northern Ireland) 2014, these Regulations are made with the consent of the Department of Finance.

PART 1 Introductory

1 Citation and commencement
1 These Regulations may be cited as the Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022.
2 These Regulations come into operation on 1 November 2022.
Reg. 1 in operation at 1.11.2022, see reg. 1(2)

PART 2 Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995

2 General
The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 are amended as provided by regulations 3 and 4.
Reg. 2 in operation at 1.11.2022, see reg. 1(2)

3 Amendment to regulations 84
These Regulations have effect as if, for the period 1 November 2022 to 31 March 2024, (both dates inclusive) regulation 84 (suspension of pension on return to HPSS employment) were omitted.
Reg. 3 in operation at 1.11.2022, see reg. 1(2)

4 Amendment to regulations 85
These Regulations have effect for the period 1 November 2022 to 31 March 2025 (both dates inclusive) as if in the opening words of regulation 85(3) (reduction of pension on return to HPSS employment) the words “or (c)” were omitted.
Reg. 4 in operation at 1.11.2022, see reg. 1(2)

PART 3 Amendments to the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

5 General
The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 are amended as provided by regulation 6.
Reg. 5 in operation at 1.11.2022, see reg. 1(2)
S.R. 2008 No.256 as amended by S.R. 2009 Nos.65 and 188; S.R. 2010 Nos.22, 286 and 420; S.R. 2011 No.256; S.R. 2012 Nos.42 and 78; S.R. 2013 Nos.40, 73, 247 and 259; S.R. 2014 Nos.59 and 225; S.R. 2015 Nos.56, 121 and 122; S.R. 2016 No.384 and S.R. 2019 No.62
S.R. 2015 No.120 as amended by S.R. 2016 No.384 and S.R 2019 No.62

6 Amendment to regulations 50 and 181
These Regulations have effect as if for the period 1 November 2022 to 31 March 2023 ( both dates inclusive) –
(a) in regulation 50 (abatement of pension following increase in pensionable pay) paragraph (2) (a) were omitted; and
(b) in regulation 181 (abatement of pension following increase in engagement in employment) paragraph (2) (a) were omitted.
Reg. 6 in operation at 1.11.2022, see reg. 1(2)

PART 4 Amendments to the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

7 General
The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015b are amended as provided by regulation 8.
Reg. 7 in operation at 1.11.2022, see reg. 1(2)

8 Amendment to regulation 85
These Regulations have effect for the period 1 November 2022 to 31 March 2023 (both dates inclusive) as if in regulation 85 (abatement of pension following continuation of employment) paragraph (3) were omitted.
Reg. 8 in operation at 1.11.2022, see reg. 1(2)
Sealed with the Official Seal of the Department of Health on 10 October 2022
(L.S.) Philip Rodgers A senior officer of the Department of Health
The Department of Finance consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance on 10 October 2022
(L.S.) Patrick Neeson A senior officer of the Department of Finance

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations remove the abatement provisions of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No.95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 Regulations”), the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. 2015 No.120) (“the 2015 Regulations”) for specified periods of time.