The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

In the heading to regulation 181 (Increase in pensionable earnings following exercise of option under regulation 180), for “pensionable earnings” substitute “level of engagement”.

Amendment of regulation 183

64

In regulation 183 (Re-assessment of entitlement to an ill-health pension determined under regulation 182), for paragraph (2)(a) substitute—

(a) in the case of a member who does not engage in further HSC employment during the period of three years referred to in paragraph (1)(b), the member makes the application in writing before the end of that period; (aa) in the case of a member who does engage in further HSC employment during the period of three years referred to in paragraph (1)(b), the member makes the application in writing before the first anniversary of the day on which that employment commences or before the end of that period if sooner,

Amendment of regulation 184

65

• (1) Regulation 184 (Early retirement on ill-health (deferred members)) is amended as provided by paragraphs (2) and (3).

• (2) In paragraph (1)(a), before “incapable” insert “permanently”.

• (3) In paragraph (2)(a)(ii), for “impairment” substitute “infirmity”.

Amendment of regulation 203

66

In regulation 203(2) (Amount of children’s pension under regulation 201: deceased active members), for “paragraphs (6) and (7)” substitute “paragraphs (5) and (6)”.

Insertion of new regulation 213A

67

After regulation 213 (Amount of lump sum: pension credit members), insert—

(213A) (1) If a pensioner member or a pension credit member dies— (a) on or after reaching age 75; and (b) before the fifth anniversary of the date on which the member’s pension became payable, an annual pension, calculated in accordance with paragraph (2), may be payable from the day following the date of the member’s death until the anniversary referred to in sub-paragraph (b). (2) The pension payable under paragraph (1) is determined by— (a) calculating the amount of the lump sum that would have been payable to the pensioner member or pension credit member under regulation 210(2) or, as the case may be, 213 as if on the day the member died the member had not reached the age of 75; and (b) converting any amount determined in sub-paragraph (a) to an annual pension payable for the period specified in paragraph (1), by reference to guidance and tables provided by the Scheme actuary for the purpose. (3) The “beginning date” of the pension calculated in paragraph (2) will, for the purposes of the Pensions (Increase) Act (Northern Ireland) 1971, be the day immediately following the date of death of the pensioner member or pension credit member. (4) The pension calculated under this regulation will be payable in accordance with regulation 214.

Amendment of regulation 214

68

• (1) Regulation 214 (Payment of lump sums on death) is amended as provided by paragraphs (2) to (7).

• (2) In the heading to that regulation, after “lump sums” insert “or pensions”.

• (3) In paragraph (1), after “regulation 209” insert “or a pension payable under regulation 213A”.

• (4) In paragraph (2)—

• (a) after “lump sum” insert “or pension”; and

• (b) for “under paragraph (4) or (6)” substitute “or body under paragraph (4), (6) or (10)”.

• (5) In paragraphs (3), (4) and (6), after “lump sum” in each paragraph insert “or pension”.

• (6) In paragraph (7), after “lump sum” in each place insert “or pension”.

• (7) After paragraph (9), add—

(10) The member’s personal representatives may, as part of the distribution of the member’s estate, give irrevocable notice to the Department— (a) specifying— (i) one or more individuals, or (ii) one incorporated or unincorporated body, to whom the benefit of the pension under regulation 213A from the date of receipt of the notice by the Department is to be assigned; and (b) where two or more individuals are specified, specifying the percentage of the pension payable to each of them, and the pension (or, as the case may be, the percentage of it specified in respect of the person) may be paid to the person or body, unless paragraph (11) applies. (11) This paragraph applies if— (a) the person specified in the notice has died before the payment can be made; (b) payment to that person or body is not, in the opinion of the Department, reasonably practicable; or (c) the person to whom the pension (or a specified percentage of the pension) would otherwise be payable has been convicted of an offence specified in regulation 254 (4) (Forfeiture of rights to benefit) and the Department has directed, as a consequence of that conviction, that the person’s right to a payment in respect of the member’s death is forfeited. (12) The prohibition on assignment of benefits in regulation 259 (Prohibition on assignment or charging of benefits) shall not apply to an assignment by personal representatives under this regulation.

Amendment of regulation 218

69

In regulation 218(5) (Dual capacity membership: death benefits), after sub-paragraph (h) insert—

(hh) regulation 213A (Pension payable when member dies on or after age 75);

Amendment of regulation 225

70

In regulation 225 (Calculating amounts of transfer value payments), for paragraphs (1) and (2) substitute—

(1) The amount of the guaranteed cash equivalent transfer value payment is to be calculated and verified by the Department in accordance with the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland)1996[^f00023]. - This is subject to paragraphs (2), (3) and (5). (2) Before determining the factors to be used in the calculation of the member’s guaranteed cash equivalent, the Department shall take advice from the Scheme actuary.

Amendment of regulation 227

71

• (1) Regulation 227 (Right to apply for acceptance of transfer value payment from another scheme) is amended as provided by paragraphs (2) to (5).

• (2) In paragraph (2)(a), after “scheme” insert “other than a corresponding health service scheme”.

• (3) For paragraph (2)(d) substitute—

(d) a corresponding 1995 scheme; and (e) a corresponding 2008 scheme.

• (4) After paragraph (2) insert—

(2A) A member who makes an application for a transfer value to be accepted by the Department in respect of his rights under a corresponding 2008 scheme may not also make an application for a transfer value to be accepted in respect of his rights under a corresponding 1995 scheme.

• (5) In paragraph (4)(a)(ii), for “purposes of that Act” substitute “purposes of the Finance Act 2004”.

Amendment of regulation 228

72

• (1) Regulation 228 (Procedure for applications under regulation 227), is amended as provided by paragraphs (2) and (3).

• (2) In paragraph (1)(d)(ii), after “those arrangements” insert “(including a transfer of rights from a corresponding 1995 scheme)”.

• (3) After paragraph (2) add—

(3) A statement given to the member of a corresponding 1995 scheme in pursuance of such a request as is mentioned in paragraph (1)(d) must inform the member of the amount of pensionable service that will count under this Scheme for the purposes of— (a) calculating benefits payable to or in respect of the member; and (b) determining whether or not the member has reached 45 years of pensionable service for the purpose of regulation 139.

Amendment of regulation 229

73

In regulation 229 (Acceptance of transfer value payments), after paragraph (3) insert—

(3A) If the Department accepts the payment from the member of a corresponding 1995 scheme, the relevant period of pensionable service shall count when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 139. (3B) In paragraph (3A) “the relevant period” means the period calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose, having regard to the period of employment that qualified the member for the rights in the corresponding 1995 scheme.

Amendment of regulation 230

74

• (1) Regulation 230 (Calculation of transferred-in pensionable service) is amended as provided by paragraphs (2) to (7).

• (2) For paragraph (2) substitute—

(2) Subject to paragraph (4), for the purposes of the calculation under paragraph (1), the benefits in respect of the transfer payment will be calculated by increasing the member’s pensionable earnings for— (a) the financial year in which the member joined the Scheme; or (b) the financial year in which the transfer payment is received if the payment is received more than 12 months after the member joined the Scheme.

• (3) In paragraph (3)(b), for “final year’s pensionable” substitute “reckonable”.

• (4) In paragraph (3)(c), for “final year’s pensionable” substitute “reckonable”.

• (5) In paragraph (4), for “paragraph (3)” substitute “paragraph (2)(b)”.

• (6) In paragraph (6), for “corresponding health service scheme” substitute “corresponding 2008 scheme”.

• (7) Omit paragraph (7).

Insertion of new regulation 235A

75

After regulation 235 (EU and other overseas transfers), insert—

(235A) (1) An active member who is entitled to have a cash equivalent value calculated in respect of the entirety of the member’s rights under the HPSS Superannuation Scheme 1995, pursuant to regulation 59 of the 1995 Regulations, may apply to convert that cash equivalent value into rights under this Scheme. (2) An application under paragraph (1)— (a) must be made in writing using an application form provided for the purpose by the Department; (b) may only be made before the end of the period of three months beginning with the guarantee date established under regulation 59 of the 1995 Regulations; (c) may only be made if the member has first been furnished with a statement of the pensionable service and increase in pensionable earnings that the member will be entitled to count under this Scheme if the application is accepted by the Department; (d) must meet such other conditions as the Department may require; and (e) is irrevocable. (3) The statement mentioned in paragraph (2)(c) must— (a) inform the member of the amount of increase in pensionable earnings that will count under this Scheme for the purposes of calculating benefits payable to or in respect of the member; and (b) inform the member of the amount of pensionable service that will count under this Scheme when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 139. (4) The amount of the increase in pensionable earnings mentioned in paragraph (3)(a) will be calculated by— (a) treating the member as entitled to a period of officer service equal to the period of employment that qualified the member for the rights in the HPSS Superannuation Scheme 1995; (b) calculating the reckonable pay that would have given rise to a cash equivalent in respect of that officer service under regulation 98 (Calculating amounts of transfer value payments); and (c) increasing the member’s pensionable earnings by an amount equal to the pensionable pay that the member would have received during that period of officer service if the member’s pensionable pay had been equal to the reckonable pay mentioned in sub-paragraph (b) throughout that period. (5) The amount of pensionable service mentioned in paragraph (3)(b) will be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose, having regard to the period of employment that qualified the member for the rights in the HPSS Superannuation Scheme 1995. (6) If the Department accepts an application under paragraph (1)— (a) the member is entitled to count under this Scheme the period of pensionable service mentioned in paragraph (3)(b) for the purpose specified therein; (b) that period of pensionable service shall be credited to the member on the day that the Department received the member’s application; (c) the member is entitled to count the increase in pensionable earnings calculated under paragraph (4) for the purposes of calculating benefits payable to or in respect of the member under this Scheme; and (d) that increase in pensionable earnings shall be credited to the member in the financial year during which the day that the Department received the member’s application falls.

Amendment of regulation 242

76

For regulation 242 (Information), substitute—

(1) A person who becomes an employed pensioner must— (a) inform the person’s employer in the new employment, and any other person that the Department may specify, that the old service pension is payable; and (b) where requested, provide any information about their relevant income in the new employment to the Department or to any other person that the Department may specify. (2) A person who ceases to be an employed pensioner in one new employment and becomes an employed pensioner in another new employment must— (a) inform the person’s employer in the other new employment, and any other person that the Department may specify, that the old service pension is payable; and (b) where requested, provide any information about their relevant income in the new employment to the Department or to any other person that the Department may specify. (3) In this regulation “relevant income” has the same meaning as in regulation 244.

Amendment of regulation 249

77

For regulation 249 (Claims for benefits), substitute—

(1) A person claiming to be entitled to benefits under this Part (“the claimant”) shall make a claim in writing to the Department. (2) Pursuant to such a claim, the claimant, and where appropriate, the member’s employing authority (including any previous employing authority of the member) shall provide such— (a) evidence of entitlement; (b) information required in order to deal with the claim; and (c) authority or permission as may be necessary for the release by third parties of information in their possession relating to the claimant or member, as the Department may from time to time require for the purposes of this Part. (3) A claim referred to in paragraph (1) may be made by a person or persons other than the claimant where the Department so provides. (4) Any claim for benefit required in writing under this Part, and any evidence, information, authority or permission given in connection with that claim, may be made or given by means of an electronic communication where such method of communication is approved by the Department from time to time. (5) In this regulation, “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000[^f00024].

Amendment of regulation 254

78

In Regulation 254(5)(c) (Forfeiture of rights to benefits) after “214(3)” insert “or (10)”.

Amendment of regulation 256

79

• (1) Regulation 256(5) (Interest on late payment of benefits and refunds of contributions) is amended as provided by paragraphs (2) and (3).

• (2) In sub-paragraph (b), after “member’s death” insert “, other than a pension payable under regulation 213A (Pension payable when member dies on or after reaching age 75)”.

• (3) After sub-paragraph (e) add—

• ; and in the case of an amount in respect of a pension under regulation 213A that is payable to— the member’s personal representatives, the date on which probate or letters of administration were produced to the Department, and any person or body to whom the pension has been assigned by the member’s personal representatives, the date on which the notice under regulation 214(10) was received by the Department, and any person or body other than those referred to in heads (i) and (ii), the day immediately following the day of the member’s death.

Amendment of regulation 260

80

For regulation 260(1) (Employing authority and certain member record keeping and contribution estimates) substitute—

(1) As regards a member who is a principal medical practitioner, in respect of each financial year— (a) the member shall provide each relevant host Board with a certificate of their pensionable earnings based on— (i) the accounts drawn up in accordance with generally accepted accounting practice by the practice of which the member is a member, and (ii) the return that member has made to Her Majesty’s Revenue & Customs in respect of their earnings for that year, no later than 1 month from the date on which that return was required to be submitted to Her Majesty’s Revenue & Customs; (b) a host Board shall forward to the Department a copy of the records maintained under regulation 164(17)(b) within 1 month of the end of the financial year immediately following the financial year to which the return in paragraph (1)(a)(ii) relates.

Amendment of regulation 262

81

In regulation 262 (Interpretation: general), for the definition of “principal medical practitioner” substitute—

• “principal medical practitioner” has the same meaning as in Part 3;

Amendment of regulation 275

82

In regulation 275 (Pensionable service limit), after paragraph (4) add—

(5) Where a member is also a member of the HPSS Superannuation Scheme 1995, any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula— $$SP=45years-LSS$ where— SP is the shorter period, measured in years and days, and LSS is the length of superannuable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of the HPSS Superannuation Scheme 1995 and, in the case of a member of that Scheme who has become entitled to a pension (including a preserved pension) under that Scheme, including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.$

Amendment of regulation 276

83

In regulation 276 (Applications, claims and notices), for the table substitute—

Column 1	Column 2
Regulation in Part 2	Regulation in Part 3
45	176
52	182
54	184
58	185
59	186
62	189
68	195
87	214
94	221
95	222

PART 3 — AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES (INJURY BENEFITS) REGULATIONS (NORTHERN IRELAND) 2001

Amendment of the Injury Benefit Regulations

84

The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001[^f00025] shall be amended as provided by regulations 85 to 88.

Amendment of regulation 4

85

In regulation 4 (Scale of benefits), for paragraph (6)(a) substitute—

(a) any pension payable to the person under a relevant pension scheme, disregarding any— (i) reduction in the amount of that pension under regulation 92 or 93 of the 1995 Regulations (Offset for crime, negligence or fraud and Loss of rights to benefits) or regulation 129, 130, 253 or 254 (Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud and Forfeiture of right to benefits) of the 2008 Regulations, (ii) reduction in the amount of that pension under regulation 13A(7), 17A or 49(5) (lump sum for members in serious ill-health, general option to exchange part of pension for lump sum and lump sum for deferred members in serious ill-health) of the 1995 Regulations or regulation 58, 59, 185 or 186 (General option to exchange part of pension for lump sum and option for members in serious ill-health to exchange whole pension for lump sum) of the 2008 Regulations, and (iii) increase in the amount of that pension, under the Pensions (Increase) Act (Northern Ireland) 1971[^f00026], after the date at which the average remuneration used in the calculation of the allowance was calculated;

Amendment of regulation 5

86

In regulation 5 (Recovery of costs), after paragraph (8) add—

(9) Where a person has more than one employing authority, the Department may direct what proportion, if any, of the contribution due under this regulation shall be payable by each of those employing authorities.

Amendment of regulation 19A

87

• (1) Regulation 19A (Claims for benefits) is amended as provided by paragraphs (2) and (3).

• (2) Before “A person claiming to be entitled”, insert “(4)”.

• (3) Before the newly numbered paragraph (4), insert—

(1) A person shall not be entitled to any benefit under these Regulations unless, in addition to any other conditions relating to that benefit being satisfied, that person makes a claim for it— (a) in writing (or in such manner as the Department may from time to time accept); and (b) within— (i) 6 months commencing with the day on which the other conditions relating to the benefit in question are satisfied, or (ii) such other longer period as the Department may from time to time accept. (2) If during the whole or part of the period mentioned in paragraph (1)(b) the person— (a) lacks capacity; or (b) is prevented by fraud or concealment from discovering the facts entitling that person to apply for a benefit, a claim may be made at any time before the end of the period of 6 months from the date on which that person no longer lacks capacity or, as the case may be, could with reasonable diligence have discovered those facts. (3) A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment or of a disturbance in the functioning of his mind or brain.

Insertion of new regulation 22B

88

After regulation 22A (Decisions by employing authorities) insert—

(22B) (1) Where an employing authority makes a payment of a benefit pursuant to regulation 4(5), that employing authority shall— (a) within 14 days of making such payment, provide the Department with— (i) the full name and national insurance number of the person in respect of whom the payment is being made, and (ii) the date on which that individual first became entitled to the benefit; (b) within 14 days of making the last such payment, provide the Department with— (i) the full name and national insurance number of the person in respect of whom the payment has been made, (ii) the date on which that individual ceased to be entitled to the benefit, and (iii) a statement of the total amount paid to the person pursuant to regulation 4(5) during that period of absence from employment. (2) Where a person recovers any damages or compensation mentioned in regulation 18, that person shall, within 14 days of a right to and the amount of such damages or compensation finally being determined, provide written notice to the Department containing— (a) the person’s full name; (b) the person’s national insurance number; and (c) the total amount of damages or compensation recovered. (3) Where a person fails to provide the notice provided by paragraph (2), no benefits shall be payable under these Regulations in respect of the period from the expiry of the 14th day mentioned in paragraph (2) until the date on which the notice is received by the Department, and where benefits have been paid to the person before the failure to give notice has been determined by the Department, the Department shall withold all or part of any further benefits payable to the person under these Regulations until the amount of the payments made by the Department in respect of that period has been recovered.

PART 4 — MISCELLANEOUS

Option to persons detrimentally affected by these Regulations

89

• (1) This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who, having served in an employment or office, service in which qualified the person to participate in the benefits provided under the regulations amended by these Regulations, ceased to serve therein before these Regulations came into operation.

• (2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).

• (3) A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Department within 6 months of the coming into operation of these Regulations or such longer period as the Department may allow.

• (4) An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into operation of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 25th February 2009.

David Bingham — A senior officer of the — Department of Health, Social Services and Public Safety

The Department of Finance and Personnel consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th February 2009.

Mary McIvor — A senior officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 256) (“the 2008 Regulations”) and the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 367) (“the Injury Benefits Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before commencement.

The remainder of the Regulations are divided into four Parts, with Parts 1 to 3 amending the 1995 Regulations, the 2008 Regulations and the Injury Benefits Regulations respectively, and Part 4 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Parts 1 and 2 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

The changes dealing with similar issues in Parts 1 and 2—

• exclude certain returning deferred members from the 1995 Regulations (regulation 5);

• provide for an option to transfer out their benefits to the 2008 Regulations (regulations 3(a), 10 and 13);

• include in the 2008 Regulations certain deferred members excluded from the 1995 Regulations (regulations 29, 30, 58 and 59);

• provide for an option to transfer their benefits into the 2008 Regulations (regulations 44 and 75);

• adjust the definition of “qualifying service” in the 2008 regulations (regulations 27(2) and 55(2));

• ensure that the 45 year service limit takes account of service in both the 1995 Regulations and 2008 Regulations (regulations 25, 53 and 82);

• ensure that similar principles apply to transfers from corresponding NHS schemes in England & Wales, Scotland and the Isle of Man (regulations 24(a) and (b), 40(2), (3) and (4), 41 to 43, 52(a) and (b), 71(2) to (4), 72, 73 and 74(6) and (7));

• continue provision of pension benefits for ophthalmic medical practitioners (regulations 3(e), (f), (i), (j) and (k), 52(c), (d), (g), (h) and (i));

• cater for practitioners who have an agreement with more than one host Board (regulations 3(g), 20(5)(a), 24(c), 51(3), 52(e) and 80);

• update the definition of Out of Hours Services to cater for Alternative Provider Medical Services contracts and contractors (regulations 3(h), 24(d) and 52(f));

• allow the use of electronic communications (regulations 3(a), 11, 18, 48 and 77);

• require the consent of the Department of Finance and Personnel before the members' contribution rate is adjusted (regulations 6, 31, 32(2)(a), 61(2) and 62);

• adjust the period for ill-health reviews (regulations 7, 33 and 64);

• provide for lump sums on death of a pensioner over age 75 to be converted to a pension (regulations 8, 21, 36 to 38, 49, 50, 67 to 69, 78 and 79);

• require the Department to be responsible for the calculation and verification of cash equivalent transfer values (regulations 12, 39 and 70);

• allow authorised unpaid leave to be pensionable for up to 24 months (regulations 14, 26, 28(4), 54(2)(ii) and (3) and 57(3));

• provide that pensioners returning to work in the HSC must provide information about their new HSC pay (regulations 15, 45 and 76).

The changes specific to Part 1—

• amend cross-references in provisions dealing with child allowances (regulation 9);

• amend the benefits payable on death in pensionable service where the member returns after leaving on ill-heath under the old rules (regulation 16);

• amend the benefits payable on death in pensionable service where the member returns after leaving on ill-heath under the new rules (regulation 17);

• amend the rules on forfeiture of pension to cater for nominated surviving partners (regulation 19);

• make various minor amendments to Schedule 2 of the 1995 Regulations and change the age to which contributions must be paid (regulation 20).

The changes specific to Part 2—

• provide for qualifying service under the 1995 Regulations to count where a former member of the scheme under the 1995 Regulations re-joins under the 2008 Regulations within one month of leaving (regulations 27(3) and 55(3) and (4));

• clarify the arrangements for non-GP providers on breaks of service (regulation 28(2), (3) and (5) to (10));

• allow for employer contributions to be recovered from successor and assignee employers (regulation 32(3));

• remove references to “impairment” and insert a reference to permanence in ill-health provisions (regulations 34 and 65);

• change cross-references in provisions relating to children’s pensions (regulations 35 and 66);

• replace references to the Income and Corporation Taxes Act 1988 with references to the Finance Act 2004 (regulation 40(5) and 71(5));

• clarify the rules on previous pay for abatement purposes (regulation 46 and 47);

• change the heading to regulation 136 to make it consistent with the equivalent regulation in Part 3 of the 2008 Regulations (regulation 51(2));

• omit an unnecessary cross-reference in the provision on breaks in pensionable service (regulation 54(2)(a));

• clarify the pensionable earnings of a principal practitioner performing Out of Hours Services (regulation 56);

• bring the cross-references in regulation 144 into line with the equivalent regulation in Part 2 of the 2008 Regulations (regulation 57(2));

• clarify the provisions on opting-out of the Scheme (regulation 60);

• make changes to the level of contributions due from a member in respect of later employments (regulation 61(3) to (5));

• amend the heading to regulation 181 of the 2008 Regulations (regulation 63);

• changes the point at which credit is given in respect of transferred-in pensionable service (regulation 74);

• simplify the definition of “principal practitioner” (regulation 81);

• update the table of equivalent regulations in regulation 276 of the 2008 Regulations (regulation 83).

The changes made to the Injury Benefits Regulations by Part 3—

• provide that the unreduced amount of a pension under the 1995 Regulations or the 2008 Regulations (before any pension is converted to lump sum) is used for the purposes of the Injury Benefits Regulations (regulation 85);

• amend the provisions on re-charging benefits to employers to deal with situations of multiple employers (regulation 86);

• amend the provisions on claiming benefits to require a claim in writing within 6 months of becoming entitled (regulation 87);

• provide for new notification requirements, obliging employers to notify the Department when temporary injury allowance is paid under the Injury Benefits Regulations, and obliging claimants to notify the Department if they recover damages in respect of the injury for which they receive benefits under the scheme (regulation 88).

Part 4 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into force of these Regulations (regulation 89).

A full impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.

Footnotes

[^f00001]: 1972 No. 1073 (N.I. 10) as amended by S.I. 1990 No.1509 (N.I. 13)

[^f00002]: S.R. 1995 No. 95 as amended by S.R. 1997 Nos. 217 and 390; S.R. 1998 No. 299; S.R. 1999 No. 293; S.R. 2002 No. 69; S.R.2004 Nos. 103 and 104; S.R. 2005 Nos. 155, 533, 534 and 565; S.R. 2006 Nos. 159 and 410 and S.R. 2008 Nos. 96, 130 and 163

[^f00003]: 2000 c. 7

[^f00004]: S.R. 1993 No. 326

[^f00005]: S.R. 2007 No. 436

[^f00006]: S.R. 1996 No. 619

[^f00007]: 1971 c. 35 (N.I.)

[^f00008]: S.R. 2008 No. 163

[^f00009]: S.R. 2008 No. 256

[^f00010]: 1972 c. 11

[^f00011]: 1984 c. 8 (Tynwald)

[^f00012]: 1971 c. 35 (N.I.)

[^f00013]: S.I. 1975/1503 (N.I. 15)

[^f00014]: S.I. 1990/247 (N.I. 3)

[^f00015]: S.I. 1991/194 (N.I. 1)

[^f00016]: S.R. 1996 No. 619

[^f00017]: 2000 c. 7

[^f00018]: 1972 c. 11

[^f00019]: 1984 c. 8 (Tynwald)

[^f00020]: S.R. 2007 No. 436

[^f00021]: 1971 c. 35 (N.I.)

[^f00022]: S.I. 1975/1503 (N.I. 15)

[^f00023]: S.R 1996 No. 619

[^f00024]: 2000 c. 7

[^f00025]: S.R. 2001 No. 367 as amended by S.R. 2005 Nos. 155, 533, 534 and 565; S.R. 2006 Nos. 159 and 410; S.R. 2008 No. 130

[^f00026]: 1971 c. 35 (N.I.)