Regulation 126 Set-offI1

United Kingdom

(1)

The appropriate Minister may, in agreement with the relevant head of jurisdiction, set off an applicable monetary obligation against a member’s entitlement to benefits under this scheme.

(2)

In this regulation, an “applicable monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).

(3)

The conditions of this paragraph are that the monetary obligation—

(a)

was incurred to the Crown or P’s employer (if different);

(b)

arose out of P’s criminal or fraudulent act or omission;

(c)

was incurred after P became an active member of this scheme; and

(d)

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 of this paragraph are that the monetary obligation—

(a)

was incurred to this scheme; and

(b)

arose out of P’s criminal or fraudulent act or omission.

(5)

The conditions of this paragraph 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)

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.

(7)

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.

Annotations

Commencement

I1: Reg. 126 in force at 1.4.2022, see reg. 1(4)