10. After regulation 17 insert—
17A.—(1) Except where the qualifying member is entitled to an annual payment under regulation 17(2) or (3), where the scheme manager is satisfied that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age, that member shall be entitled to a payment (“an ill health payment”) in accordance with paragraph 2 of Schedule 2A from—
(a)the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force;
(b)subject to paragraph (2), the day on which the scheme manager is first notified that that member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
(c)the day on which the member attains the age which is 5 years less than normal retirement age,
whichever is the latest.
(2) Where the scheme manager—
(a)has been notified that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age;
(b)is not so satisfied or the qualifying member withdraws the notification; and
(c)receives a further notification in relation to that qualifying member and is then so satisfied,
the day which is the day for the purposes of paragraph (1)(b) is the day of the later notification.
(3) Where—
(a)a qualifying member of a qualifying pension scheme has died and leaves a survivor; and
(b)that qualifying member was receiving an ill health payment or an interim ill health payment when he died,
the survivor of that qualifying member shall be entitled to an ill health payment from the day after the day on which that qualifying member died.
(4) An ill health payment shall be made in respect of a year starting on the day on which a monthly instalment of the ill health payment or, as the case may be, an interim ill health payment, is first payable to a beneficiary by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.
(5) In determining the amount of an ill health 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 interim ill health 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 member in accordance with regulation 7 of the FAS Information and Payments Regulations (recovery of overpayments)(1).
(6) Subject to paragraph (7), ill health payments which are payable to a beneficiary under this regulation shall continue for life.
(7) From the day after the day on which a beneficiary dies, any further instalments of an ill health payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.
(8) Schedule 2A makes provision for the determination of the amount of ill health payments and the circumstances in which an ill health payment is not payable.
17B.—(1) This regulation applies where a qualifying pension scheme is winding up and—
(a)the scheme manager has been notified that, and is satisfied that, a qualifying member of that scheme is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
(b)a qualifying member of that scheme—
(i)has died and leaves a survivor; and
(ii)was receiving an interim ill health payment when he died.
(2) The scheme manager may, in his discretion, make an interim ill health payment, in anticipation of an ill health payment being payable under this Part and on account of such a payment—
(a)to the qualifying member with effect from—
(i)the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force;
(ii)subject to paragraph (3), the day on which the scheme manager is first notified that that member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
(iii)the day on which the member attains the age which is 5 years less than normal retirement age,
whichever is the latest; or
(b)if the qualifying member has died, to a survivor of that qualifying member with effect from the day after the day on which that qualifying member died.
(3) Where the scheme manager—
(a)has been notified that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age;
(b)is not so satisfied or the qualifying member withdraws the notification; and
(c)receives a further notification in relation to that qualifying member and is then so satisfied,
the day which is the day for the purposes of paragraph (2)(a)(ii) is the day of the later notification.
(4) In exercising his discretion under paragraph (2), the scheme manager shall only have regard to—
(a)the amount, if any, of any interim pension that was in payment, is in payment, or is proposed to be paid, from the qualifying pension scheme to the qualifying member; and
(b)any circumstances relating to the scheme which, in the opinion of the scheme manager are relevant to determining whether an interim ill health payment should be made.
(5) Where the trustees or managers have determined the amount of interim pension that would be paid to the qualifying member or the survivor of that qualifying member, but do not propose to pay that interim pension for administrative reasons, the scheme manager may, in exercising his discretion under paragraph (2) and in determining the amount of interim ill health payment under Schedule 2A, deem that member or that survivor to be receiving that interim pension, if in the scheme manager’s opinion it is reasonable to do so.
(6) Schedule 2A makes provision for the determination of the amount of interim ill health payments and the circumstances in which an interim ill health payment is not payable.
(7) If the scheme manager determines that an interim ill health payment may be made under paragraph (2), the interim ill health payment is payable—
(a)to a qualifying member from the relevant day mentioned in that paragraph until the day on which the qualifying member—
(i)would have been paid, or is paid, the first monthly instalment of an ill health payment in accordance with regulation 19, if an ill health payment were payable, or is payable, to him under this Part; or
(ii)dies,
whichever is the earlier; and
(b)in respect of a qualifying member who has died, to a survivor of that qualifying member from the day after the day on which that qualifying member died until the day on which his survivor—
(i)would have been paid, or is paid, the first monthly instalment of an ill health payment in accordance with regulation 19, if an ill health payment were payable, or is payable, to him under this Part; or
(ii)dies,
whichever is the earlier.
(8) From the day after the day on which a beneficiary dies, any further monthly instalments of an interim ill health payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.
(9) The scheme manager may, at any time before the amount of the ill health payment is determined, redetermine the amount of any interim ill health payment paid under paragraph (2) if he is satisfied that the amount being paid by way of an interim ill health payment, as determined in accordance with Schedule 2A, may be incorrect.
(10) The power to redetermine the amount of an interim ill health payment under paragraph (9) includes the power to redetermine the amount as a result of a change in the amount of interim pension being paid to the qualifying member.
(11) If, having determined that an interim ill health payment may be made under paragraph (2), the scheme manager subsequently determines, in accordance with Schedule 2A, that no ill health payment is payable to or in respect of that qualifying member or his survivor, then the total of all monthly instalments of an interim ill health pension made to or in respect of that qualifying member or his survivor is recoverable in accordance with regulation 7 of the FAS Information and Payments Regulations.”.
Regulation 7 was amended by S.I. 2007/3581.