Regulation 44 Power to pay compensation in respect of compensatable lossesI1

United Kingdom

(1)

The scheme manager for a judicial scheme may pay amounts by way of compensation in respect of compensatable losses incurred by the appropriate person.

(2)

For the purposes of this regulation a loss incurred by the appropriate person is “compensatable” if and to the extent that—

(a)

the first condition is met (see paragraph (5)) and the loss is—

(i)

a direct financial loss, or

(ii)

a specified Part 4 tax loss, or

(b)

the second condition is met (see paragraph (6)) and the loss is—

(i)

a direct financial loss which is directly related to the member’s remediable service in an employment or office which is mixed service, or

(ii)

a specified Part 4 tax loss.

(3)

For the purposes of paragraph (2)(a)(ii) and (b)(ii), a Part 4 tax loss is a “specified Part 4 tax loss” if and to the extent that it falls within one of the descriptions listed in direction 26(4) of the PSP Directions 2022.

(4)

For the purposes of paragraph (3), direction 26(4) is to be read as if—

(a)

references to a legacy scheme election being made by virtue of section 40(1) of PSPJOA 2022 were references to the operation of this Part;

(b)

the reference in direction 26(4)(e) to section 52(3) of PSPJOA 2022 were a reference to regulation 38(2);

(c)

in direction 26(4)(f)—

(i)

the reference to provision made by virtue of section 56(2) of PSPJOA 2022 were a reference to regulation 63(2);

(ii)

the reference to section 52(4) of PSPJOA 2022 were a reference to regulation 38(3).

(5)

The first condition is that the loss is attributable to, or is reasonably regarded as attributable to, the fact that R was not recognised as a full protection member of a judicial legacy scheme.

(6)

The second condition is that the loss is attributable to the application of any provision of this Part.

(7)

Paragraph (1) does not confer power to pay amounts by way of compensation in respect of compensatable losses so far as—

(a)

the appropriate person has already received amounts by way of compensation in respect of them, or

(b)

amounts that any person has paid to the scheme have been reduced by amounts in respect of them,

whether pursuant to a court or tribunal order or otherwise.

(8)

In this regulation, “loss”—

(a)

has the meaning given in section 59(6) to (8) of PSPJOA 2022;

(b)

does not include an amount that is payable under this Part.

Annotations

Commencement

I1: Reg. 44 in force at 5.7.2023, see reg. 1(b)