Welfare Reform and Pensions Act 1999

“Part IVA Requirements relating to pension credit benefit

Chapter I Pension credit benefit under occupational schemes

101A Scope of Chapter I.

(1)

This Chapter applies to any occupational pension scheme whose resources are derived in whole or part from—

(a)

payments to which subsection (2) applies made or to be made by one or more employers of earners to whom the scheme applies, or

(b)

such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.

(2)

This subsection applies to payments—

(a)

under an actual or contingent legal obligation, or

(b)

in the exercise of a power conferred, or the discharge of a duty imposed, on a Minister of the Crown, government department or any other person, being a power or duty which extends to the disbursement or allocation of public money.

101B Interpretation.

In this Chapter—

“scheme” means an occupational pension scheme to which this Chapter applies;

“pension credit rights” means rights to future benefits under a scheme which are attributable (directly or indirectly) to a pension credit;

“pension credit benefit”, in relation to a scheme, means the benefits payable under the scheme to or in respect of a person by virtue of rights under the scheme attributable (directly or indirectly) to a pension credit;

“normal benefit age”, in relation to a scheme, means the earliest age at which a person who has pension credit rights under the scheme is entitled to receive a pension by virtue of those rights (disregarding any scheme rule making special provision as to early payment of pension on grounds of ill-health or otherwise).

101C Basic principle as to pension credit benefit.

(1)

Normal benefit age under a scheme must be between 60 and 65.

(2)

A scheme must not provide for payment of pension credit benefit in the form of a lump sum at any time before normal benefit age, except in such circumstances as may be prescribed.

101D Form of pension credit benefit and its alternatives.

(1)

Subject to subsection (2) and section 101E, a person’s pension credit benefit under a scheme must be—

(a)

payable directly out of the resources of the scheme, or

(b)

assured to him by such means as may be prescribed.

(2)

Subject to subsections (3) and (4), a scheme may, instead of providing a person’s pension credit benefit, provide—

(a)

for his pension credit rights under the scheme to be transferred to another occupational pension scheme or a personal pension scheme with a view to acquiring rights for him under the rules of the scheme, or

(b)

for such alternatives to pension credit benefit as may be prescribed.

(3)

The option conferred by subsection (2)(a) is additional to any obligation imposed by Chapter II of this Part.

(4)

The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for pension credit benefit—

(a)

if the person entitled to the benefit consents, or

(b)

in such other cases as may be prescribed.

101E Discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.

(1)

A transaction to which section 19 applies discharges the trustees or managers of a scheme from their liability to provide pension credit benefit or any alternative to pension credit benefit for or in respect of a member of the scheme if and to the extent that—

(a)

it results in pension credit benefit, or any alternative to pension credit benefit, for or in respect of the member being appropriately secured (within the meaning of that section),

(b)

the transaction is entered into with the consent of the member or, if the member has died, of the member’s widow or widower, and

(c)

such requirements as may be prescribed are met.

(2)

Regulations may provide that subsection (1)(b) shall not apply in prescribed circumstances.

Chapter II Transfer values

101F Power to give transfer notice.

(1)

An eligible member of a qualifying scheme may by notice in writing require the trustees or managers of the scheme to use an amount equal to the cash equivalent of his pension credit benefit for such one or more of the authorised purposes as he may specify in the notice.

(2)

In the case of a member of an occupational pension scheme, the authorised purposes are—

(a)

to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme,

(b)

to purchase from one or more insurance companies such as are mentioned in section 19(4)(a), chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy the prescribed requirements, and

(c)

in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.

(3)

In the case of a member of a personal pension scheme, the authorised purposes are—

(a)

to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme, and

(b)

in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.

(4)

The cash equivalent for the purposes of subsection (1) shall—

(a)

in the case of a salary related occupational pension scheme, be taken to be the amount shown in the relevant statement under section 101H, and

(b)

in any other case, be determined by reference to the date the notice under that subsection is given.

(5)

The requirements which may be prescribed under subsection (2) or (3) include, in particular, requirements of the Inland Revenue.

(6)

In subsections (2) and (3), references to an eligible scheme are to a scheme—

(a)

the trustees or managers of which are able and willing to accept payment in respect of the member’s pension credit rights, and

(b)

which satisfies the prescribed requirements.

(7)

In this Chapter, “transfer notice” means a notice under subsection (1).

101G Restrictions on power to give transfer notice.

(1)

In the case of a salary related occupational pension scheme, the power to give a transfer notice may only be exercised if—

(a)

the member has been provided with a statement under section 101H, and

(b)

not more than 3 months have passed since the date by reference to which the amount shown in the statement is determined.

(2)

The power to give a transfer notice may not be exercised in the case of an occupational pension scheme if—

(a)

there is less than a year to go until the member reaches normal benefit age, or

(b)

the pension to which the member is entitled by virtue of his pension credit rights, or benefit in lieu of that pension, or any part of it has become payable.

(3)

Where an eligible member of a qualifying scheme—

(a)

is entitled to make an application under section 95 to the trustees or managers of the scheme, or

(b)

would be entitled to do so, but for the fact that he has not received a statement under section 93A in respect of which the guarantee date is sufficiently recent,

he may not, if the scheme so provides, exercise the power to give them a transfer notice unless he also makes an application to them under section 95.

(4)

The power to give a transfer notice may not be exercised if a previous transfer notice given by the member to the trustees or managers of the scheme is outstanding.

101H Salary related schemes: statements of entitlement.

(1)

The trustees or managers of a qualifying scheme which is a salary related occupational pension scheme shall, on the application of an eligible member, provide him with a written statement of the amount of the cash equivalent of his pension credit benefit under the scheme.

(2)

For the purposes of subsection (1), the amount of the cash equivalent shall be determined by reference to a date falling within—

(a)

the prescribed period beginning with the date of the application, and

(b)

the prescribed period ending with the date on which the statement under that subsection is provided to the applicant.

(3)

Regulations may make provision in relation to applications under subsection (1) and may, in particular, restrict the making of successive applications.

(4)

If trustees or managers to whom subsection (1) applies fail to perform an obligation under that subsection, section 10 of the M61Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to secure that the obligation was performed.

101I Calculation of cash equivalents.

Cash equivalents for the purposes of this Chapter shall be calculated and verified in the prescribed manner.

101J Time for compliance with transfer notice.

(1)

Trustees or managers of a qualifying scheme who receive a transfer notice shall comply with the notice—

(a)

in the case of an occupational pension scheme, within 6 months of the valuation date or, if earlier, by the date on which the member to whom the notice relates reaches normal benefit age, and

(b)

in the case of a personal pension scheme, within 6 months of the date on which they receive the notice.

(2)

The Regulatory Authority may, in prescribed circumstances, extend the period for complying with the notice.

(3)

If the Regulatory Authority are satisfied—

(a)

that there has been a relevant change of circumstances since they granted an extension under subsection (2), or

(b)

that they granted an extension under that subsection in ignorance of a material fact or on the basis of a mistake as to a material fact,

they may revoke or reduce the extension.

(4)

Where the trustees or managers of an occupational pension scheme have failed to comply with a transfer notice before the end of the period for compliance—

(a)

they shall, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and

(b)

section 10 of the M62Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the notice was complied with before the end of the period for compliance.

(5)

If trustees or managers to whom subsection (4)(a) applies fail to perform the obligation imposed by that provision, section 10 of the Pensions Act 1995 shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the obligation was performed.

(6)

Regulations may—

(a)

make provision in relation to applications under subsection (2), and

(b)

provide that subsection (4) shall not apply in prescribed circumstances.

(7)

In this section, “valuation date”, in relation to a transfer notice given to the trustees or managers of an occupational pension scheme, means—

(a)

in the case of a salary related scheme, the date by reference to which the amount shown in the relevant statement under section 101H is determined, and

(b)

in the case of any other scheme, the date the notice is given.

101K Withdrawal of transfer notice.

(1)

Subject to subsections (2) and (3), a person who has given a transfer notice may withdraw it by giving the trustees or managers to whom it was given notice in writing that he no longer requires them to comply with it.

(2)

A transfer notice may not be withdrawn if the trustees or managers have already entered into an agreement with a third party to use the whole or part of the amount they are required to use in accordance with the notice.

(3)

If the giving of a transfer notice depended on the making of an application under section 95, the notice may only be withdrawn if the application is also withdrawn.

101L Variation of the amount required to be used.

(1)

Regulations may make provision for the amount required to be used under section 101F(1) to be increased or reduced in prescribed circumstances.

(2)

Without prejudice to the generality of subsection (1), the circumstances which may be prescribed include—

(a)

failure by the trustees or managers of a qualifying scheme to comply with a notice under section 101F(1) within 6 months of the date by reference to which the amount of the cash equivalent falls to be determined, and

(b)

the state of funding of a qualifying scheme.

(3)

Regulations under subsection (1) may have the effect of extinguishing an obligation under section 101F(1).

101M Effect of transfer on trustees’ duties.

Compliance with a transfer notice shall have effect to discharge the trustees or managers of a qualifying scheme from any obligation to provide the pension credit benefit of the eligible member who gave the notice.

101N Matters to be disregarded in calculations.

In making any calculation for the purposes of this Chapter—

(a)

any charge or lien on, and

(b)

any set-off against,

the whole or part of a pension shall be disregarded.

101O Service of notices.

A notice under section 101F(1) or 101K(1) shall be taken to have been given if it is delivered to the trustees or managers personally or sent by post in a registered letter or by recorded delivery service.

101P Interpretation of Chapter II.

(1)

In this Chapter—

“eligible member”, in relation to a qualifying scheme, means a member who has pension credit rights under the scheme;

“normal benefit age”, in relation to an eligible member of a qualifying scheme, means the earliest age at which the member is entitled to receive a pension by virtue of his pension credit rights under the scheme (disregarding any scheme rule making special provision as to early payment of pension on grounds of ill-health or otherwise);

“pension credit benefit”, in relation to an eligible member of a qualifying scheme, means the benefits payable under the scheme to or in respect of the member by virtue of rights under the scheme attributable (directly or indirectly) to a pension credit;

“pension credit rights”, in relation to a qualifying scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit;

“qualifying scheme” means a funded occupational pension scheme and a personal pension scheme;

“transfer notice” has the meaning given by section 101F(7).

(2)

For the purposes of this Chapter, an occupational pension scheme is salary related if—

(a)

it is not a money purchase scheme, and

(b)

it does not fall within a prescribed class.

(3)

In this Chapter, references to the relevant statement under section 101H, in relation to a transfer notice given to the trustees or managers of a salary related occupational pension scheme, are to the statement under that section on which the giving of the notice depended.

(4)

For the purposes of this section, an occupational pension scheme is funded if it meets its liabilities out of a fund accumulated for the purpose during the life of the scheme.

101Q Power to modify Chapter II in relation to hybrid schemes.

Regulations may apply this Chapter with prescribed modifications to occupational pension schemes—

(a)

which are not money purchase schemes, but

(b)

where some of the benefits that may be provided are money purchase benefits.”

“48BB Category B retirement pension: entitlement by reference to benefits under section 39A or 39B.

(1)

Subsection (2) below applies where a person (“the pensioner”) who has attained pensionable age—

(a)

was, immediately before attaining that age, entitled to a widowed parent’s allowance in consequence of the death of his or her spouse; and

(b)

has not remarried.

(2)

The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse, which shall be payable at the same weekly rate as the widowed parent’s allowance.

(3)

Subsections (4) to (10) below apply where a person (“the pensioner”) who has attained pensionable age—

(a)

was in consequence of the death of his or her spouse either—

(i)

entitled to a bereavement allowance at any time prior to attaining that age, or

(ii)

entitled to a widowed parent’s allowance at any time when over the age of 45 (but not immediately before attaining pensionable age); and

(b)

has not remarried.

(4)

The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse.

(5)

A Category B retirement pension payable by virtue of subsection (4) above shall be payable at a weekly rate corresponding to the weekly rate of the additional pension determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject, in particular, to the following provisions of this section and section 46(2) above.

(6)

Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above, as applied by subsection (5) above, to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.

(7)

Where the spouse dies after 5th April 2000, the pension payable by virtue of subsection (4) above shall (before making any reduction required by subsection (8) below) be one half of the amount which it would be apart from this subsection.

(8)

Where the pensioner was under the age of 55 at the relevant time, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied—

(a)

by the number of years by which the pensioner’s age at that time was less than 55 (any fraction of a year being counted as a year), or

(b)

by ten, if that number exceeds ten.

(9)

In subsection (8) above “the relevant time” means—

(a)

where the pensioner became entitled to a widowed parent’s allowance in consequence of the death of the spouse, the time when the pensioner’s entitlement to that allowance ended; and

(b)

otherwise, the time of the spouse’s death.

(10)

The amount determined in accordance with subsections (5) to (9) above as the weekly rate of the pension payable to the pensioner by virtue of subsection (4) above shall be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date of the spouse’s death until the date when the pensioner attained pensionable age, that weekly rate would have been increased during that period by virtue of any orders under section 150 of the Administration Act (annual up-rating of benefits).”

“171C Personal capability assessments.

(1)

Where the own occupation test is not applicable, or has ceased to apply, in the case of a person, the question whether the person is capable or incapable of work shall be determined in accordance with a personal capability assessment.

(2)

Provision shall be made by regulations—

(a)

defining a personal capability assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;

(b)

as to the manner of assessing whether a person is, in accordance with a personal capability assessment, incapable of work.

(3)

Regulations may provide that, in any prescribed circumstances, a person to whom subsection (1) above applies shall, if the prescribed conditions are met, be treated as incapable of work in accordance with a personal capability assessment until such time as—

(a)

such an assessment has been carried out in his case, or

(b)

he falls to be treated as capable of work in accordance with regulations under section 171A(2) or (3) above or section 171E below.

The prescribed conditions may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question is or is to be treated as capable of work.

(4)

Except in prescribed circumstances, a personal capability assessment carried out in the case of a person before the time when subsection (1) above applies to him shall be as effective for the purposes of that subsection as one carried out thereafter.

(5)

The Secretary of State may, in the case of a person who for any purpose of this Act has been determined to be incapable of work in accordance with a personal capability assessment (including one carried out by virtue of this subsection), require the question whether the person is capable or incapable of work to be determined afresh in accordance with a further personal capability assessment.”

“30DD Incapacity benefit: reduction for pension payments.

(1)

Where—

(a)

a person is entitled to incapacity benefit in respect of any period of a week or part of a week,

(b)

a pension payment is payable to him in respect of that period (or a period which forms part of that period or includes that period or part of it), and

(c)

the amount of that payment (or, as the case may be, the amount which in accordance with regulations is to be taken as payable to him by way of pension payments in respect of that period) exceeds the threshold,

the amount of that benefit shall be reduced by an amount equal to 50 per cent. of that excess.

(2)

In subsection (1) above “the threshold” means—

(a)

if the period in question is a week, £85 or such greater amount as may be prescribed; or

(b)

if that period is not a week, such proportion of the amount mentioned in paragraph (a) as falls to be calculated in accordance with regulations on such basis as may be prescribed.

(3)

Regulations may secure that a person of any prescribed description does not suffer any reduction under subsection (1) above in any amount of incapacity benefit to which he is entitled.

(4)

Regulations may provide—

(a)

for sums of any specified description to be disregarded for the purposes of this section;

(b)

for sums of any specified description to be treated for those purposes as payable to persons as pension payments (including, in particular, sums in relation to which there is a deferred right of receipt);

(c)

for the aggregation of sums of any specified description which are payable as pension payments (or treated as being so payable) in respect of the same or different periods;

(d)

for such sums or aggregate sums to be apportioned between or otherwise allocated to periods in respect of which persons are entitled to incapacity benefit.

(5)

In this section “pension payment” means—

(a)

a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme;

(b)

a payment of any specified description, being a payment made under an insurance policy providing benefits in connection with physical or mental illness, disability, infirmity or defect; or

(c)

a payment of any other specified description;

and “specified” means prescribed by or determined in accordance with regulations under this section.

(6)

For the purposes of subsection (5) “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the M89Pension Schemes Act 1993, except that “personal pension scheme” includes a contract or trust scheme approved under Chapter III of Part XIV of the M90Income and Corporation Taxes Act 1988 (retirement annuities).”

“(1A)

No person shall be entitled to child benefit unless subsection (1B) below is satisfied in relation to him.

(1B)

This subsection is satisfied in relation to a person if—

(a)

his claim for child benefit is accompanied by—

(i)

a statement of his national insurance number and information or evidence establishing that that number has been allocated to him; or

(ii)

information or evidence enabling the national insurance number that has been allocated to him to be ascertained; or

(b)

he makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.

(1C)

Regulations may make provision disapplying subsection (1A) above in the case of—

(a)

prescribed descriptions of persons making claims, or

(b)

prescribed descriptions of children in respect of whom child benefit is claimed,

or in other prescribed circumstances.”

“ Sharing of functions as regards certain claims and information

7A Sharing of functions as regards certain claims and information.

(1)

Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—

(a)

as regards housing benefit or council tax benefit, for claims for that benefit to be made to—

(i)

a Minister of the Crown, or

(ii)

a person providing services to a Minister of the Crown;

(b)

as regards any other relevant benefit, for claims for that benefit to be made to—

(i)

a local authority,

(ii)

a person providing services to a local authority, or

(iii)

a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.

(2)

Regulations may make provision for or in connection with—

(a)

the forwarding by a relevant authority of—

(i)

claims received by virtue of any provision authorised by subsection (1) above, and

(ii)

information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);

(b)

the receiving and forwarding by a relevant authority of information or evidence relating to social security matters supplied by, or the obtaining by a relevant authority of such information or evidence from—

(i)

persons making, or who have made, claims for a relevant benefit, or

(ii)

other persons in connection with such claims,

including information or evidence not relating to the claims or benefit in question;

(c)

the recording by a relevant authority of information or evidence relating to social security matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);

(d)

the giving of information or advice with respect to social security matters by a relevant authority to persons making, or who have made, claims for a relevant benefit.

(3)

In paragraphs (b) and (d) of subsection (2) above—

(a)

references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a) or (b) above or not; and

(b)

references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.

(4)

Regulations under this section may make different provision for different areas.

(5)

Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (4) above.

(6)

In this section—

(a)

“benefit” includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application under the M92Child Support Act 1991 for a maintenance assessment);

(b)

“local authority” means an authority administering housing benefit or council tax benefit;

(c)

“relevant authority” means—

(i)

a Minister of the Crown,

(ii)

a person providing services to a Minister of the Crown,

(iii)

a local authority,

(iv)

a person providing services to a local authority, or

(v)

a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(d)

“relevant benefit” means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;

(e)

“social security matters” means matters relating to social security, child support or war pensions;

and in this subsection “war pension” means a war pension within the meaning of section 25 of the M93Social Security Act 1989 (establishment and functions of war pensions committees).”