Regulation 17H Payments to qualifying members receiving a pension from the qualifying pension scheme before entitlement to an annual payment or ill health paymentF1

(1)

This regulation applies where—

(a)

a transfer notice has been given in respect of a qualifying pension scheme;

(b)

a qualifying member is not entitled to an annual payment or an ill health payment; and

(c)

that qualifying member was receiving present payment of a pension under the scheme rules on the day on which the transfer notice is given.

(2)

Where this regulation applies, the qualifying member shall be entitled to a payment, payable in respect of a year, which is the amount determined in accordance with Schedule 7.

(3)

A qualifying member entitled to a payment under paragraph (2) shall be entitled to that payment—

(a)

from the day on which the transfer notice in respect of the qualifying pension scheme is given; and

(b)

until the earlier of—

(i)

the day before the day on which the qualifying member becomes entitled to an annual payment or an ill health payment; and

(ii)

the day on which the qualifying member dies.

(4)

The year in respect of which the payment referred to in paragraph (2) is to be made shall be the year starting on the day on which an instalment of the payment is first payable to the qualifying member by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.

(5)

Where the qualifying member ceases to be entitled to a payment under this regulation in accordance with paragraph (3)(b)—

(a)

subject to sub-paragraph (b), any further instalments of such a payment that would have been payable to the qualifying member, in respect of that year, cease to be payable; and

(b)

where the member dies before becoming entitled to an annual payment or ill health payment, any instalment of such a payment which is payable in respect of a period which includes the day on which the qualifying member died shall be payable.

Annotations

Textual amendments

F1: Regs. 17D-17H inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 10(1)