# The Judicial Pensions Regulations 2015, Regulation 154: Set-off


(1) The appropriate Minister may, in agreement with the relevant head of jurisdiction, set off a relevant monetary obligation against a member’s entitlement to benefits under this scheme.
(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).
(3) The conditions are that the monetary obligation—
(a) was incurred to the Crown or P’s employer (if different);
(b) was incurred after P became an active member of this scheme; and
(c) arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.
(4) The conditions are that the monetary obligation—
(a) was incurred to this scheme; and
(b) arose out of P’s criminal, fraudulent or negligent act or omission.
(5) The conditions are that the monetary obligation—
(a) was incurred to this scheme; and
(b) arose out of a payment made to P in error by the scheme manager.
(6) Paragraph (7) applies if a set-off is to be applied as a result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).
(7) Where this paragraph applies, the appropriate Minister may not apply a set-off against that part of P’s entitlement to benefits that represents transfer credits within the meaning of section 124(1) (interpretation of Part 1) of PA 1995 (other than prescribed transfer credits for the purposes of section 91(5)(d) (exceptions from the inalienability of occupational pensions) of that Act).
(8) The appropriate Minister may only apply a set-off against that part of a member’s pension that exceeds any guaranteed minimum to which the member is entitled under section 14 of PSA 1993.
(9) The value of the set-off applied must not exceed the lesser of—
(a) the amount of the relevant monetary obligation;
(b) the value of P’s entitlement to benefits.
(10) The appropriate Minister may only set off a relevant monetary obligation against P’s entitlement to benefits if—
(a) there is no dispute as to the amount of the relevant monetary obligation; or
(b) the relevant monetary obligation is enforceable—
(i) under an order of a competent court;
(ii) in consequence of an award of an arbitrator;
(iii) in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

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Source: https://www.legislation.gov.uk/ukdsi/2015/9780111124895/regulation/154 (the official version)
Page: https://openlegislation.uk/draft-judicial-pensions-regulations-2015/regulation-154
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.