Regulation 30 Payment of pensions in respect of persons suffering from mental disorder

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 30(1) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(2)(a)
reg. 30(2)(3) omitted by Pensions (Pre-consolidation) Measure 2018 Sch. para. 15
reg. 30(1)(a) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(2)(b)
reg. 30(2) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(3)(a)
reg. 30(2) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(3)(b)
reg. 30(3) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(4)(a)
reg. 30(3) words substituted by Mental Capacity Act 2005 (Transitional and Consequential Provisions) 2007 Sch. 1 para. 16(4)(b)

(1)

Where the Board are satisfied after considering medical evidence that a person to whom a pension is payable under these regulations (in this regulation referred to as a “pensioner”) is incapable by reason of mental disorder within the meaning of the Mental Health Act, 1983^f1, of managing and administering his property and affairs, the Board may pay, or may authorise the Commissioners to pay, the pension or such part thereof as the Board think fit to the institution or person having the care of the pensioner, to be applied for his benefit, and the Board may pay, or may authorise the Commissioners to pay, the remainder (if any) or such part thereof as the Board think fit—

(a)

to or for the benefit of persons who appear to the Board to be members of the pensioner’s family or other persons for whom the pensioner might be expected to provide if he were not suffering from mental disorder, or

(b)

in reimbursement, with or without interest, of money applied by any person either in payment of the pensioner’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the pensioner or such persons as are mentioned in sub-paragraph (a) above.

(2)

Not less than fourteen days before exercising for the first time in relation to any pensioner their powers under this regulation, the Board shall give to the authority having jurisdiction under Part VII of the Mental Health Act, 1983, notice in writing of their intention specifying the name and address of the pensioner and the amount of the sum in respect of which the Board intend to exercise those powers, and shall at the same time give notice in writing to the pensioner in a form approved by that authority; and where notice is so given the Board may with the agreement of that authority exercise those powers notwithstanding that the period of fourteen days has not expired.

(3)

If at any time the authority having jurisdiction under Part VII of the Mental Health Act, 1983 give to the Board notice in writing that they object to the exercise by the Board of their powers under this regulation in relation to any pensioner, those powers shall as from the date of receipt of the notice by the Board cease to be exercisable in relation to that pensioner unless and until that authority withdraws the notice.

Annotations

Footnotes

f1: 1983 c. 20.