The Teachers’ Pension Scheme (Remediable Service) Regulations (Northern Ireland) 2023

CHAPTER 3 N.I. Reduction and waiver of liabilities

Requirement to reduce liabilities by tax relief amounts N.I.

73.—(1) This regulation applies where—

(a) a person owes a liability to pay pension contributions in relation to the remediable teacher service of a remedy member, or

(b) the scheme manager owes a liability to pay compensation in relation to such service,

under section 15, 16 or 17 of PSPJOA 2022.

(2) The scheme manager must reduce the liability by tax relief amounts(1)—

(a) determined in accordance with direction 4(5) to (9) of the PSP(NI) Directions 2023, and

(b) before the liability is netted off in accordance with regulation 72.

(3) The following provisions of the PSP (NI) Directions 2023, apply where the scheme manager makes a determination in accordance with direction 4(8)—

(a) direction 4(10) (provision of explanation);

(b) direction 4(11) and (12) (appeals).

Commencement Information

I1 Reg. 73 in operation at 1.10.2023, see reg. 1

Power to reduce or waive amounts owed by a person to the scheme manager N.I.

74.—(1) The scheme manager may reduce or waive an amount owed by a person to the scheme under

(a) section 14, 15, 16 or 17 (“the corrections provisions”) of PSPJOA 2022, or

(b) these Regulations.

(2) When reducing or waiving an amount under paragraph (1), the scheme manager must comply with the requirements set out in direction 4(1)(a) to (c) of the PSPJOA Directions 2022 (and the reference in direction 4(1)(c) to “any scheme regulations made by virtue of section 26(1)(b) of PSPJOA 2022” is to be read as a reference to regulation 77.

Commencement Information

I2 Reg. 74 in operation at 1.10.2023, see reg. 1

Agreement to waive a liability owed by the scheme manager in respect of an immediate correction N.I.

75.—(1) This regulation applies where the scheme manager owes a liability to pay compensation to a person (“ P”) under section 16(3) of PSPJOA 2022.

(2) The scheme manager and P may agree to waive the liability.

(3) Such an agreement—

(a) must be in writing,

(b) may only be made during the period—

(i) beginning with the day after the day on which P receives the most recent notice sent under regulation 77(2), and

(ii) ending at the end of the day six months after that date,

(c) may be rescinded with the agreement of the scheme manager and P, and

(d) in any event ceases to apply where—

(i) the end of the section 10 election period in relation to the remediable teacher service in respect of which the compensation is payable has passed, and

(ii) no section 10 election is made in relation to that service.

(4) Where an agreement is rescinded or otherwise ceases to apply, the scheme manager owes P the liability mentioned in paragraph (1).

Commencement Information

I3 Reg. 75 in operation at 1.10.2023, see reg. 1

(1)

See section 18(4) of PSPJOA 2022 for the meaning of “tax relief amounts” for the purposes of a liability mentioned in regulation 72(1)(a) and section 18(7) of that Act for the meaning of that term for the purposes of a liability mentioned in regulation 72(1)(b).