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Regulation E18 Deferment, etc, of benefitsI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies where a person is convicted of—

(a)

an offence of treason; or

(b)

one or more offences under the Official Secrets Acts 1911 to 1989f1 for which he 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; or

(c)

an offence in connection with pensionable employment which is certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service,

and any benefit under regulations E1 to E17 becomes payable to him after the offence was committed.

(2)

Subject to paragraph (3), the Department may—

(a)

defer or as the case may be suspend payment of the benefit for so long; or

(b)

reduce its amount or rate by so much,

as it may determine.

(3)

If—

(a)

the person has a guaranteed minimum in relation to benefits under these Regulations; and

(b)

the case does not fall within paragraph (1)(a) or (b),

a determination under paragraph (2) shall not deprive him of his guaranteed minimum pension after he attains state pensionable age.

Annotations

Commencement

I1

Reg. E18 in operation at 2.11.1998, see reg. A1

Footnotes

f1

1911 c. 28; 1920 c. 75; 1939 c. 121 and 1989 c. 6