Insertion of regulation J6B and J6C

15.  After regulation J6A (declaration where lump-sum payments are made) insert—

“Reduction of benefits: lifetime allowance charge

J6B.— (1) This regulation applies where—

(a) the lifetime allowance charge arises because a benefit becomes payable to a teacher; and

(b) the teacher and the Scottish Ministers are jointly and severally liable to the charge.

(2) The Scottish Ministers must pay the charge.

(3) The amount of the benefit must be reduced to reflect the amount of the charge in such manner as the Scottish Ministers may determine, after taking advice from the scheme actuary.

General prohibition on unauthorised payments

J6C.   Nothing in these Regulations requires or authorises the making of any payment which, if made, would be an unauthorised payment(1) for the purpose of Part 4 of the 2004 Act unless the Scottish Ministers determine otherwise (in the case of a particular payment).”.

(1)

The term “unauthorised payment” is defined for the purpose of Part 4 of the Finance Act 2004 in section 160(5) of that Act.