The National Health Service Pension Scheme Regulations 2008

3.J.9    Interest on late payment of benefits and refunds of contributionsE+W
This section has no associated Explanatory Memorandum

(1) This regulation applies if the whole or part of an amount to which this regulation applies is not paid by the end of the period of one month beginning with the due date.

(2) This regulation applies to any amount payable by way of a pension, lump sum, refund of contributions under the Scheme (other than any amount due under regulation 3.C.5 or 3.C.6) or interim [F1or substitute] award.

[F2(3) The Secretary of State must pay interest on the amount of a pension, lump sum, refund of contributions or an interim or substitute award which is unpaid (“the unpaid amount”) to the person to whom it should have been paid unless the Secretary of State is satisfied that the unpaid amount was not paid on the due date because of some act or omission on the part of the member or other person to whom it should have been paid.]

(4) The interest on the unpaid amount is calculated at the base rate on a day to day basis from the due date for the amount to the date of its payment and compounded with three-monthly rests.

(5) For the purposes of this regulation, except where paragraph (6) applies, “due date”, in relation to an unpaid amount [F3(other than an unpaid amount in respect of an interim or substitute award)], means—

(a)in the case of an amount in respect of a pension or lump sum payable to a member under Chapter 3.D, the day immediately following that of the member’s retirement from pensionable employment,

(b)in the case of an amount in respect of a pension payable on a member’s death [F4, other than a pension payable under regulation 3.E.20A (pension payable when member dies on or after reaching age 75)], the day after the date of death,

(c)in the case of an amount in respect of a lump sum under Chapter 3.E that is payable to the member’s personal representatives, the earlier of—

(i)the date on which probate or letters of administration were produced to the Secretary of State, and

(ii)the date on which the Secretary of State was satisfied that the lump sum may be paid as provided in regulation 3.E.21(9) (amount of lump sum: dual capacity members),

(d)in the case of an amount in respect of any other lump sum under that Chapter, the day after the date of the member’s death, and

(e)in the case of an amount in respect of a refund of contributions, the day after that on which the Secretary of State received from Her Majesty’s Commissioners of Revenue and Customs the information required for the purposes of calculating the amount to be subtracted under regulation 3.C.16(3) or (4) (repayment of contributions),

[F5(f)in the case of an amount in respect of a pension under regulation 3.E.20A that is payable to—

(i)the member’s personal representatives, the date on which probate or letters of administration were produced to the Secretary of State,

(ii)any person or body to whom the pension has been assigned by the member’s personal representatives, the date on which the notice under regulation 3.E.21(10) was received by the Secretary of State, and

(iii)any person or body other than those referred to in (i) and (ii), the day immediately following the day of the member’s death.]

[F6(6) The due date for an unpaid amount—

(a)referred to in paragraph (5) in respect of which the Secretary of State was not in possession of all the information necessary for the calculation of the amount of the pension, lump sum or refund of contributions referred to in that paragraph on the date which would, in accordance with paragraph (5) be the due date;

(b)in respect of an interim or substitute award,

shall be the first day on which the Secretary of State was in possession of all the information necessary to calculate that pension, lump sum, refund of contributions or interim or substitute award.]

(7) In this regulation, “[F7interim or substitute award]” means—

(a)any amount paid by way of an interim payment calculated by reference to an expected benefit under the Scheme pending final calculation of the full value of that benefit, F8...

(b)any amount paid that increases the amount of an earlier payment due to a backdated or later increase in pensionable pay [F9; and

(c)any amount paid that increases the amount of an earlier payment due to the payment of a tier 2 ill-health pension under regulation 3.D.7 paid to a member in substitution for a tier 1 ill-health pension under that regulation following a determination by the Secretary of State under regulation 3.D.8.]

Textual Amendments