Regulation 175 Forfeiture of benefitsI1
Scotland
This regulation applies to a benefit payable to a person who is convicted of—
an offence of treason; or
one offence or more 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 person has been sentenced on the same occasion to a term of imprisonment of, or to 2 or more consecutive terms amounting in the aggregate to, at least 10 years,
where the offence was committed before the benefit became payable.
This regulation also applies to retirement benefits or a pension credit retirement pension payable to a person convicted of an offence, committed before the benefit became payable, in connection with service as a public servant certified by the scheme manager 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.
This regulation also applies to a benefit payable on the death of a person (D) to any person convicted of the murder of D, the culpable homicide of D or any other offence of which the unlawful killing of D is an element.
The scheme manager may defer or suspend payment of a benefit to which this regulation applies for so long, or reduce its amount or rate by so much and for so long, as the scheme manager may determine.
Annotations
Textual amendments
- F1
Words in reg. 175(1)(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. 40
Commencement
- I1
Reg. 175 in force at 1.4.2015, see reg. 1(2)(b)
Footnotes
- f1