The Local Government Pension Scheme Regulations 1995

Interest on late payment of certain benefits

H1.—(1) Where all or part of—

(a) a pension payable under Part D, F or G (other than a pension payable to a surviving spouse under regulations F1 in a case where the surviving spouse is not entitled to a pension under regulation F2),

(b) a retirement grant,

(c) an ill-health retirement grant payable under regulation D8,

(d) a death grant, or

(e) a payment under regulation H6,

is not paid within the relevant period after the due date, the appropriate administering authority shall pay the person to whom the pension or grant is payable interest on the amount remaining unpaid, calculated at one per cent. above base rate on a day to day basis from the due date to the date of payment, and compounded with three-monthly rests.

(2) For the purposes of paragraph (1) the due date is—

(a) in the case of a retirement pension which becomes payable by virtue of an election under regulation D9(2)(b) or D11(2)(d), one month after the date on which the notice of election is duly given;

(b) in the case of part of a pension which becomes payable by virtue of payments of contributions (other than an increase in contributions made following a decision under regulation J1 or J5) made after the date on which the remainder of the pension became payable, one month after those payments or contributions were paid;

(c) in the case of a pension or part of a pension which becomes payable by virtue of contributions made following such a decision, the date on which that pension or part of a pension would have become payable had those contributions been made on the first date which would otherwise have applied;

(d) in the case of any other pension or part of a pension, the date on which it becomes payable;

(e) in the case of a retirement grant or part of a retirement grant (other than one to which paragraph (3) applies), the date on which that grant or part becomes payable;

(f) in the case of an ill-health retirement grant, the day after the person who is entitled to the grant ceased to hold his employment;

(g) in the case of a death grant, the date on which—

(i) probate or letters of administration are produced to the administering authority, or

(ii) the authority become satisfied that the grant may be paid as provided in regulation H7; and

(h) in the case of a payment under regulation H6, the day after the person to whom the payment is made would otherwise become entitled to payment of his pension.

(3) Where—

(a) a retirement grant becomes payable by virtue of an election under regulation D9(2)(b) or D11(2)(d) made by a notice given on or after the date on which the grant becomes payable, or

(b) a part of a retirement grant becomes payable by virtue of payments or contributions made after the date on which the remainder of the grant became payable;

then, the due date is—

(i) in the case mentioned in paragraph (a), one month after the notice was given, and

(ii) in the case mentioned in paragraph (b)—

(I) where an increase in contributions is made following a decision under regulations J1 or J5, the date on which the grant or the part of the grant would have become payable had those contributions been made at the first opportunity which these regulations would otherwise have provided, and

(II) otherwise, one month after the increase in contributions was paid.

(4) For the purposes of paragraph (1) the relevant period means—

(a) in the case of a pension within paragraph (a) of that paragraph, one year, and

(b) in the case of a grant within paragraph (b), (c) or (d) of that paragraph or a payment within paragraph (e) of that paragraph, one month.