The National Health Service Pension Scheme Regulations 1995

[F1Interest on late payment of benefitsE+W+S

T8.—(1) Subject to paragraph (2) below, where the whole or any part of a qualifying payment under these Regulations is not paid by the end of the period of one month beginning with the due date, the Secretary of State shall pay interest, calculated in accordance with paragraph (3) below, on the unpaid amount to the person to whom the qualifying payment should have been made.

(2) Interest under paragraph (1) above shall not be payable where the Secretary of State is satisfied that the qualifying payment was not made on the due date by reason of some act or omission on the part of the member or other recipient of the qualifying payment.

(3) The interest referred to in paragraph (1) above shall be calculated at the base rate on a day to day basis from the due date to the date of payment, and shall be compounded with three-monthly rests.

(4) In this regulation–

[F2“base rate” means the Official Bank Rate for the time being quoted by the Bank of England;]

“due date” means [F3the later of]—

(za)

[F4in the case of a pension payable under regulation E3A, where the member’s employing authority is an Independent Provider the later of—

(i)

the date on which the Secretary of State receives the additional contributions referred to in regulation D2, or

(ii)

the day immediately following that on which the member retires from pensionable employment.]

(a)

in the case of a lump sum under Part F above, the day immediately following the day of the member’s death, unless the lump sum falls to be paid to the member’s personal representative, in which case it means–

(i)

the date on which probate or letters of administration are produced to the Secretary of State, or

(ii)

the Secretary of State is satisfied that the lump sum may be paid as provided in regulation F5(4), whichever is the earlier;

(aa)

[F5in the case of an amount in respect of a pension under regulation F2 that is payable to—

(i)

the member’s personal representatives, the date on which probate or letters of administration were produced to the Secretary of State,

(ii)

any person or body to whom the pension has been assigned by the member’s personal representatives, the date on which the notice under regulation F2(10) was received by the Secretary of State, and

(iii)

any person or body other than those referred to in (i) and (ii), the day immediately following the day of the member’s death;]

(c)

in the case of a pension payable on a member’s death [F6other than a pension payable under regulation F2], the day immediately following the day of his death;

(d)

in the case of a pension under regulation L1, the day on which the pension becomes payable in accordance with that regulation;

(e)

in the case of a refund of contributions, the day after that on which the Secretary of State receives from the Commissioners of Inland Revenue the information he requires for the purposes of compliance with paragraphs (3) to (5) of regulation L2; and

(f)

in any other case, the day immediately following that of the member’s retirement from pensionable employment;

(g)

[F7and the first day on which the Secretary of State is in possession of all information [F8(including information which the Secretary of State obtains as result of a determination under regulation E2B(3))] necessary to be able to calculate the value of the qualifying payment;]

“qualifying payment” means any amount payable by way of a pension or lump sum, or by way of a refund of contributions, under these Regulations [F9, and for these purposes—

(a)

any amount paid by way of an interim payment calculated by reference to an expected pension benefit award, pending final calculation of the full value of that benefit; or

(b)

[F10any amount paid that increases the amount of an earlier payment due to—

(i)

a backdated or later increase in pensionable pay, or

(ii)

the payment of a tier 2 pension under regulation E2A in place of a tier 1 pension being paid to a member following a determination by the Secretary of State under regulation E2B(3),]

shall be treated as a separate qualifying payment];

F11...

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments