Regulation E33 Payment 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:

reg. E33 coming into force by Teachers' Superannuation 1998 reg. A1
reg. E11(2(b) words inserted by Teachers' Superannuation 2005 reg. 19(3)
reg. E20(7(a) substituted by Teachers' Superannuation 2005 reg. 22(7)
reg. E20(7(c) words substituted by Teachers' Superannuation 2005 reg. 22(8)
reg. E33(4) words inserted by Teachers' Superannuation 2005 reg. 34(2)
reg.E33(4A) inserted by Teachers' Superannuation 2005 reg. 34(3)
reg. E33(2A) inserted by Teachers’ Pensions etc. (Reform Amendments) 2007 Sch. 3 para. 47(a)
reg. E33(3) words inserted by Teachers’ Pensions etc. (Reform Amendments) 2007 Sch. 3 para. 47(b)

(1)

Benefits under this Part are payable by the Department.

(2)

No benefit shall be paid unless a written application for payment has been made and paragraph (3), if applicable, has been complied with.

(3)

If the Department notifies him in writing that it so requires, the applicant shall provide any relevant information specified by the Department that is in his possession or that he can reasonably be expected to obtain.

(4)

Subject to paragraphs (5) to (7), a benefit that does not consist of a single payment shall be paid monthly on the last working day of the month.

(5)

If—

(a)

the person’s entitlement to payment of the benefit took effect, on a day other than the first of a month; or

(b)

the benefit ceases to be payable, on a day other than the last day of the month,

a proportionate payment shall be made for the relevant period on the last working day of the month thereafter.

(6)

For the purposes of paragraph (5) the relevant period is—

(a)

where paragraph (5)(a) applies, the period beginning with and including the day on which the entitlement took effect and ending with the last day of the month; and

(b)

where paragraph (5)(b) applies, the period beginning with and including the first of the month and ending with the day before the benefit ceased to be payable.

(7)

For the purposes of paragraph (5) a proportionate payment is a payment of—

\frac{A}{12} \times \frac{B}{C}

where—

A is the annual rate of the benefit;
B is the number of days in the relevant period; and
C is the number of days in the month containing the relevant period.

(8)

The Apportionment Act 1870^f1 (being inconsistent with paragraphs (5) to (7)) shall be taken not to have effect in relation to benefits under this Part.

(9)

If the person entitled to payment of a benefit has not attained the age of 18, or is incapable by reason of infirmity of mind or body of managing his affairs, the Department may—

(a)

pay it to any person having the care of the person entitled; or

(b)

apply it as it thinks fit for the benefit of the person entitled or his dependants.

Regulation E33 Payment of benefitsI1

Annotations

Commencement

Footnotes