2.—(1) 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;
[F1“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 [F2or 17C] and Schedule 2;
“beneficiary” means a qualifying member or, after his death, his survivor [F3and surviving dependants];
F4...
[F5“employment” means any trade, business, profession, office or vocation;]
[F6“ill health payment” means the amount payable to a beneficiary in respect of each year determined in accordance with regulation 17A and Schedule 2A;]
[F7“indexation date” means—
the 1st January next falling after a beneficiary first becomes entitled to an annual payment or an ill health payment; and
each subsequent 1st January during that beneficiary’s lifetime;]
“initial payment” means a payment made to a beneficiary in accordance with regulation 18;
[F8“interim ill health payment” means a payment made to a beneficiary in accordance with regulation 17B;]
[F8“interim pension” has the meaning given in paragraph 2 of Schedule 2 as modified by paragraph 10 of that Schedule;]
[F9“multi-employer scheme” means an occupational pension scheme in relation to which there is or has been—
a principal employer and at least one employer (who is not the principal employer in relation to that scheme); or
more than one employer,
at the same time;]
[F10“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—
as if that person and the qualifying member were husband and wife; or
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;]
[F10“pension credit member” has the meaning given by section 124(1) of the 1995 Act;]
F11...
[F12“principal employer” has the meaning given in regulation 12(6)]
[F13“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;
[F14“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;
[F15“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;]
[F15“surviving dependant” shall be construed in accordance with regulation 16B;]
[F16“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.
[F17(1A) 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.
[F18(1AB) 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.]
(1B) Where the normal retirement age—
(a)determined in accordance with paragraph (1A) is—
(i)more than 65, that age shall be 65;
(ii)less than 60, that age shall be 60 except for the purposes of paragraph 2(3)(a) of Schedule 2;
(b)cannot be determined in accordance with paragraph (1A) from the rules of the qualifying pension scheme, that age shall be such age as the scheme manager shall determine having regard to the rules of that scheme and to such other information as [F19it] considers relevant.]
(2) 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.
(3) In these Regulations, “insurance company” means—
(a)a person who has permission under Part 4 of the FSMA to effect or carry out contracts of long-term insurance; or
(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act (certain direct insurance undertakings) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance,
and in this paragraph, “contracts of long-term insurance” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001M10.
(4) Paragraph (3) shall be read with—
(a)section 22 of the FSMA (regulated activities);
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.
F20(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) [F21Subject to [F22paragraphs (8) and (8A)], in these Regulations,] “appointed representative” means—
(a)a person whose name, address and appointment by a beneficiary or by a person who believes himself to be a beneficiary (“[F23possible] beneficiary”) for the purposes of—
(i)notifying the scheme manager of the details prescribed in regulation 14(1) and (3); or
(ii)receiving payments made under these Regulations,
have been notified to the scheme manager in a document signed by the beneficiary or [F23possible] beneficiary in question or by his legal representative and whose appointment has been consented to by the scheme manager; or
(b)where a beneficiary or a [F23possible] beneficiary—
(i)dies; or
(ii)is otherwise incapable of acting for himself,
and there is no person appointed under sub-paragraph (a) in respect of that beneficiary or [F23possible] beneficiary, a person who has been appointed by the scheme manager to act as the beneficiary's or the [F23possible] beneficiary's representative for the purposes of these Regulations.
[F24(8) If a beneficiary or a possible beneficiary appoints a person under sub-paragraph (a) of paragraph (7), and then—
(a)dies, or
(b)becomes otherwise incapable of acting for himself,
the person appointed under sub-paragraph (a) of that paragraph is deemed to have been appointed under sub-paragraph (b) of that paragraph.
[F25(8A) Subject to paragraph (8B), where a beneficiary or a possible beneficiary is a child aged less than 18, the scheme manager may regard—
(a)a parent of the child;
(b)a person with parental responsibility within the meaning of section 3 of the Children Act 1989 in relation to the child;
(c)a person with parental responsibility or parental rights under the Children (Scotland) Act 1995 in relation to the child; or
(d)a person with parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995 in relation to the child,
as the appointed representative of that child.
(8B) Where—
(a)no person referred to in paragraph (8A)(a) to (d) is known to the scheme manager, the scheme manager may appoint a person to act as the appointed representative of a child;
(b)more than one person referred to in paragraph (8A)(a) to (d) wishes to act as the child’s representative for the purposes of these Regulations, the scheme manager may appoint one of those persons as the appointed representative of that child.]
(9) 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.]
[F26(10) For the purposes of these Regulations, a qualifying member who has died was “a party to a polygamous marriage” if, immediately before the member died, the member—
(a)was a party to a marriage entered into under a law which permits polygamy; and
(b)had more than one spouse.]
Textual Amendments
F1Words in reg. 2(1) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 3(a)
F2Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(i) (with reg. 37)
F3Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(ii) (with reg. 37)
F4Words in reg. 2(1) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(iv) (with reg. 37)
F5Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(iii) (with reg. 37)
F6Words in reg. 2(1) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(1)(a)
F7Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(v) (with reg. 37)
F8Words in reg. 2(1) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(1)(b)
F9Words in reg. 2(1) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 3(b)
F10Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(vi) (with reg. 37)
F11Words in reg. 2(1) omitted (16.12.2006) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 3(c)
F12Words in reg. 2(1) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 3(d)
F13Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(vii) (with reg. 37)
F14Words in reg. 2(1) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 3(e)
F15Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(viii) (with reg. 37)
F16Words in reg. 2(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(a)(ix) (with reg. 37)
F17Reg. 2(1A)(1B) inserted (4.6.2008) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2008 (S.I. 2008/1432), regs. 1, 5 (with reg. 8)
F18Reg. 2(1AB) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(b) (with reg. 37)
F19Word in reg. 2(1B) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 7(1)(a) (with reg. 37)
F20Reg. 2(5)(6) omitted (19.12.2007) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 3
F21Words in reg. 2(7) substituted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 4(2)(b)(i)
F22Words in reg. 2(7) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(c) (with reg. 37)
F23Word in reg. 2(7) substituted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 4(2)(b)(ii)
F24Reg. 2(8)(9) added (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 4(2)(c)
F25Reg. 2(8A)(8B) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(d) (with reg. 37)
F26Reg. 2(10) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 4(e) (with reg. 37)
Modifications etc. (not altering text)
C1Reg. 2(7)(a) applied (29.11.2005) by The Financial Assistance Scheme (Appeals) Regulations 2005 (S.I. 2005/3273), regs. 1(1), 27(3)
Marginal Citations
M1The Act is modified in its application to partially guaranteed pension schemes by S.I.2005/277, in its application to multi-employer schemes by S.I. 2005/441 and in its application to hybrid schemes by S.I.2005/449.
M2S.I.2005/255 (N.I.1). The Northern Ireland Order is modified in its application to partially guaranteed pension schemes by S.R.2005/55, in its application to hybrid schemes by S.R.2005/84 and in its application to multi-employer schemes by S.R.2005/91.
M7Sections 590 and 591 are amended by the Finance Act 1988 (c. 39), section 35 and Schedule 3, the Finance Act 1989 (c. 26), sections 75 and 187 and Schedules 6 and 17, the Finance Act 1991 (c. 31), sections 34, 36 and 123 and Schedule 19, the Finance Act 1994 (c. 9), section 107, the Finance Act 1995 (c. 4), section 59 and the Finance Act 1999 (c. 16), section 79 and Schedule 10.