The Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022

Made10 October 2022

Coming into operation1 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 19721 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) 20142.

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 1Introductory

Citation and commencementI11

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.

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

GeneralI22

The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 are amended as provided by regulations 3 and 4.

Amendment to regulations 84I33

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.

Amendment to regulations 85I44

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.

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

GeneralI55

The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 20083 are amended as provided by regulation 6.

Amendment to regulations 50 and 181I66

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.

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

GeneralI77

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015b are amended as provided by regulation 8.

Amendment to regulation 85I88

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.

Sealed with the Official Seal of the Department of Health on 10 October 2022

(L.S.)Philip RodgersA 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 NeesonA 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.