PART 5ANNUAL AND INITIAL PAYMENTS

Annual payments17

F61

Schedule 2 makes provision for the determination of the amount of annual payments to be paid to, or in respect of, qualifying members of qualifying pension schemes including provision for a cap to be imposed on such amounts.

2

Except where paragraph (3) applies, a qualifying member of a qualifying pension scheme shall be entitled to an annual payment determined in accordance with Schedule 2 from—

a

14th May 2004; or

b

the day on which the qualifying member attains the age of 65,

whichever is the later.

3

Where the scheme manager is satisfied that a qualifying member is terminally ill F1...M1, that member shall be entitled to an annual payment determined in accordance with Schedule 2 from the day on which the scheme manager is first notified that that member may be terminally ill.

4

A survivor of a qualifying member of a qualifying pension scheme shall be entitled to an annual payment determined in accordance with Schedule 2 from—

a

14th May 2004; or

b

the day after the day on which that qualifying member died,

whichever is the later.

5

The year in respect of which the annual payment is to be made shall be the year starting on the day on which a monthly instalment of the annual payment or, as the case may be, an initial payment, is first payable to a beneficiary by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.

F55A

In determining the amount of annual payment that is payable to, or in respect of, a beneficiary for any previous year or years (“arrears payable”)—

a

the total of all monthly instalments of an initial payment that have been made to, or in respect of, the beneficiary for any previous year or years is to be deducted from the amount of arrears payable to that beneficiary; and

b

if the total of all such monthly instalments is greater than that amount of arrears payable—

i

the amount to be paid in respect of arrears payable is nil, and

ii

the difference between that total and the amount of arrears payable is recoverable from the beneficiary in accordance with regulation 7 of the FAS Information and Payments Regulations (recovery of overpayments).

F25B

From the day after the day on which a beneficiary dies, any further monthly instalments of an annual payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.

6

F3Subject to paragraph (5B), annual payments which are payable to a beneficiary under this Part shall continue for life.

F47

Paragraphs 7 and 8 of Schedule 2 provide for the circumstances in which an annual payment is not payable under this Part.