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PART 2Amendment of the FAS Regulations

Amendment of regulation 18

11.  In regulation 18 (initial payments)(1)—

(a)omit paragraphs (2), (3) and (10);

(b)for paragraph (4) substitute—

(4) The scheme manager may, in his discretion, make a payment (“an initial payment”) to, or in respect of, a qualifying member or his survivor—

(a)in anticipation of an annual payment being payable under this Part to the qualifying member or his survivor, and on account of such a payment; and

(b)before any monthly instalment of that annual payment is made.

(4A) An initial payment under paragraph (4) may be made—

(a)except where sub-paragraph (c) applies, to the qualifying member with effect from whichever is the later of—

(i)14th May 2004; or

(ii)the earlier of—

(aa)the day on which the qualifying member attains normal retirement age; or

(bb)the day on which the scheme manager is first notified that the qualifying member is terminally ill;

(b)if the qualifying member has died, to a survivor of that qualifying member with effect from whichever is the later of—

(i)14th May 2004; or

(ii)the day after the day on which that qualifying member died; or

(c)if the qualifying member is regarded as a qualifying member under regulation 15(5), to that member with effect from whichever is the later of—

(i)14th May 2004; or

(ii)the date on which he became entitled to a present payment from the qualifying pension scheme..

(1)

Regulation 18 was substituted by S.I. 2005/3256 and was amended by S.I. 2006/3370, 2007/3581 and 2008/1432.