Paragraph 17

England, Wales and Scotland

(1)

No rule must operate so as to deprive a person of short service benefit (whether a member himself, or F1a member’s widow or widower or dependant) by reference to—

(a)

failure by him or any other person to make a claim for the benefit or for any payment due as benefit; or

(b)

failure by him or any other person, at any time after termination of F2pensionable service, to give any notice, or comply with any formality, required by the scheme as a condition of entitlement.

(2)

Sub-paragraph (1)(a) above is not to prevent reliance on any enactment relating to the limitation of action; and in cases of failure to claim, the scheme may provide for the right to receive any payment to be forfeited in the event of its not being claimed within 6 years of the date on which it became due.

Annotations

Textual amendments

F1: Words substituted (1.10.1989) by Social Security Act 1989 (c. 24) Sch. 6, para. 4(d).
F2: Words substituted (28.2.1991) by Social Security Act 1990 (c. 27), Sch. 4, para. 5(4)(b).

Notes on Schedule 16

Textual amendments

F1

Sch. 16 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

Sch. 16 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (with s. 6(8)); S.I. 1994/86, art. 2

Subordinate legislation made

P1: Sch. 16: for exercises of power see Index to Government Orders

Notes on Part I

Modifications

C1: Schedule 16, Pt. I, modified (28.02.1991) by S.I. 1991/167, regs. 13(2), 21(1), 22(1), 23(2), 25(2), 27(1)