15.—(1) A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of these Regulations where—
(a)he is a member of the scheme in respect of whom that scheme's pension liabilities are unlikely to be satisfied in full because the scheme has insufficient assets; F1...
(b)he had ceased to be a member of the scheme and in respect of whom that scheme's pension liabilities were not satisfied in full, at the time he ceased to be a member, because the scheme had insufficient assets[F2; or
(c)he died before the date of the coming into force of these Regulations, but would have satisfied the condition in either sub-paragraph (a) or (b)]
and the conditions in [F3paragraphs (2) and (3)] are satisfied in relation to that member or former member[F4, or would have been satisfied where sub-paragraph (c) applies].
(2) The condition in this paragraph is that the member or former member must have an accrued right to a benefit under the scheme.
(3) The condition in this paragraph is that the member or former member—
(a)was a member of the qualifying pension scheme immediately before the scheme began to wind up; or
(b)was not a member of the scheme at that time but became a pension credit member of the scheme on or after the day on which the scheme began to wind up.
F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) [F6Except for the purposes of regulations 17A and 17B,] a person who is not a member or a former member of a qualifying pension scheme is to be regarded as a qualifying member of such a scheme for the purposes of these Regulations where—
(a)he was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up;
(b)that payment was attributable to the pensionable service of a former member of that scheme who has died;
(c)the scheme's pension liabilities in respect of that person are unlikely to be satisfied in full because the scheme has insufficient assets; F7...
F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in reg. 15(1)(a) omitted (16.12.2006) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(i)
F2Reg. 15(1)(c) and word inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(ii)
F3Words in reg. 15(1) substituted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 5(a)
F4Words in reg. 15(1) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(iii)
F5Reg. 15(4) omitted (19.12.2007) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 5(b)
F6Words in reg. 15(5) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 8
F7Reg. 15(5)(d) and word omitted (19.12.2007) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 5(c)