Paragraph 4 Withdrawal of pension on conviction of certain offencesI1
Northern Ireland
In the circumstances specified in paragraph (2) the Board may withdraw the pension in whole or in part and permanently or temporarily as they may specify.
The circumstances are—
that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part 3, that the offence was committed after the death on which the pensioner became entitled to it; or
that the pensioner has been convicted of an offence committed in connection with his service which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.
The offences mentioned in paragraph (2)(a) are—
an offence of treason; and
one or more offences under the Official Secrets Acts 1911 to 1989f1 F1, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.
The Board may, to such extent as they at any time think fit—
apply for the benefit of any dependant of the pensioner; or
restore to the pensioner,
so much of any pension as has been withdrawn under this rule.
Annotations
Textual amendments
- F1
Words in Annex Scheme Pt. 9 rule 4(3)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 18
Commencement
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Annex Scheme Pt. 9 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)
Footnotes
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