PART 3Provision where an immediate detriment remedy has been obtained

CHAPTER 6Benefits and contributions previously paid or payable

Effect of immediate detriment remedy on benefits previously paid or payable19.

(1)

Paragraph (2) applies in relation to any F1payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as—

(a)

they are calculated by reference to P’s remediable service in a salaried judicial office, and

(b)

they are F2payments that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive F3as benefits from the 2015 scheme.

(2)

F4The purported benefits are to be treated for all purposes—

(a)

as not having been paid to the person by the 2015 scheme, but

(b)

as having been paid to the person instead by the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1).

(3)

Paragraph (4) applies in relation to any F5payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as—

(a)

they are calculated by reference to P’s remediable service in a fee-paid judicial office, and

(b)

they are F6payments that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive F7as benefits from the 2015 scheme.

(4)

F8The purported benefits are to be treated for all purposes—

(a)

as not having been paid to the person by the 2015 scheme, but

(b)

as having been paid to the person instead by the judicial legacy fee-paid scheme.

(5)

Where, as a result of any immediate detriment remedy that has been obtained (and after taking into account the effect of paragraphs (2) and (4))—

(a)

a judicial legacy scheme23 owes a person an amount in respect of benefits which are calculated by reference to P’s remediable service, or

(b)

a person owes a judicial legacy scheme an amount in respect of such benefit,

such amount must be paid in accordance with regulation 21.