The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008

Amendment of regulation 18

This section has no associated Explanatory Memorandum

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.