In these Regulations—

• M1“the Act” means the Pensions Act 2004 and references to a numbered section are, unless the context otherwise requires, to a section of the Act;

• M2“the Northern Ireland Order” means the Pensions (Northern Ireland) Order 2005 and references to a numbered Article are, unless the context otherwise requires, to an Article of that Order;

• M3“the 1993 Act” means the Pension Schemes Act 1993;

• M4“the 1995 Act” means the Pensions Act 1995;

• M5“the FSMA” means the Financial Services and Markets Act 2000 ;

• M6“the ICTA” means the Income and Corporation Taxes Act 1988;

• F4“the FAS Information and Payments Regulations” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005;

• “the Commissioners of HMRC” means the Commissioners of Her Majesty's Revenue and Customs;

• “annual payment” means the amount payable to a beneficiary in respect of each year determined in accordance with regulation 17 F13or 17C and Schedule 2;

• “beneficiary” means a qualifying member or, after his death, his survivor F14and surviving dependants;

• F16...

• F15“employment” means any trade, business, profession, office or vocation;

• F11“ill health payment” means the amount payable to a beneficiary in respect of each year determined in accordance with regulation 17A and Schedule 2A;

• F17“indexation date” means—

  1. a

     the 1st January next falling after a beneficiary first becomes entitled to an annual payment or an ill health payment; and

  2. b

     each subsequent 1st January during that beneficiary’s lifetime;

• “initial payment” means a payment made to a beneficiary in accordance with regulation 18;

• F12“interim ill health payment” means a payment made to a beneficiary in accordance with regulation 17B;

• F12“interim pension” has the meaning given in paragraph 2 of Schedule 2 as modified by paragraph 10 of that Schedule;

• F5“multi-employer scheme” means an occupational pension scheme in relation to which there is or has been—

  1. a

     a principal employer and at least one employer (who is not the principal employer in relation to that scheme); or

  2. b

     more than one employer,

  at the same time;

• F18“partner” means a person of either sex who was not married to, or in a civil partnership with, the qualifying member but who was living with that member—

  1. a

     as if that person and the qualifying member were husband and wife; or

  2. b

     in the case of two adults of the same sex, as if they were civil partners,

  and, for the purposes of these Regulations, two adults of the same sex are to be regarded as living together as civil partners if they would have been regarded as living together as husband and wife were they instead two adults of the opposite sex;

• F18“pension credit member” has the meaning given by section 124(1) of the 1995 Act;

• F6...

• F7“principal employer” has the meaning given in regulation 12(6)

• F19“qualifying course” means a full time educational or vocational course at a recognised educational establishment where in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course exceeds 12 hours per week in normal term time, and shall include any gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course;

• “qualifying member” shall be construed in accordance with regulation 15;

• “qualifying pension scheme” shall be construed in accordance with regulation 9;

• F8“relevant public authority” has the meaning given in section 307(4) or, as the case may be, Article 280(4);

• “scheme manager” shall be construed in accordance with regulation 5;

• F20“shared initial payment” means a payment which is not an initial payment and which is the amount payable to a survivor of a qualifying member who was a party to a polygamous marriage in accordance with regulation 18(4B) and paragraph 5(6A) of Schedule 2;

• F20“surviving dependant” shall be construed in accordance with regulation 16B;

• F21“survivor” shall be construed in accordance with regulation 16A;

• M7“tax approved scheme” means a scheme which is approved or was formerly approved under section 590 (conditions for approval of retirement benefit schemes) or 591 (discretionary approval) of the ICTA or in respect of which an application for such approval has been duly made but has not been determined;

• “trustees or managers” shall be construed in accordance with the definition in section 124(1) of the 1995 Act,

• and other expressions have the meaning given to them in the Act or, as the case may be, in the Northern Ireland Order.

In these Regulations, “normal retirement age” means, subject to paragraph (1B), in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire.

In paragraph (1A), “the rules of that scheme” means the rules of the occupational pension scheme on the date on which benefits ceased to accrue to that member.

References in these Regulations to provisions of the 1993 Act, the 1995 Act, the Welfare Reform and Pensions Act 1999 M8 and to the Social Security Contributions and Benefits Act 1992 M9 include references to the provisions in force in Northern Ireland corresponding to those provisions.

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For the purposes of these Regulations, a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death, in consequence of that disease, can reasonably be expected within six months.