Legislation – The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

There are currently no known outstanding effects for The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023, Section 7.

Changes to Legislation

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PART 3Elections

Eligibility to make an election: designated persons
7.

(1)

This regulation applies where for the purposes of regulation 8, 9 or 12 a designated person may make an election on behalf of a remedy member.

(2)

Where this regulation applies, the designated person is—

(a)

in the circumstances described in regulation 8(2)(b)(i), 9(2)(b)(i) or 12(2)(b)(i)—

(i)

a person who is capable and—

(aa)

entitled to a surviving partner pension in relation to that member under regulations 23 to 31H of the 1995 Regulations;

(bb)

entitled to a surviving adult dependant pension in relation to that member under regulation 67 or 194 of the 2008 Regulations; or

(cc)

entitled to a surviving adult dependant pension in relation to that member under regulation 112 of the 2015 Regulations; or

(ii)

where there is no such person (capable or otherwise), a person who on the date of issue of a remediable service statement in relation to that member (see regulation 6) is aged 18 or over, capable and—

(aa)

entitled as the sole dependent child of that member to pension benefits in relation to that member under regulations 32 to 38 of the 1995 Regulations20 (child allowance);

(bb)

entitled as the sole dependent child of that member to pension benefits in relation to that member under Chapter 5 of Part 2 (benefits for officers: death benefits) or Chapter 5 of Part 3 (benefits for practitioners etc: death benefits) of the 2008 Regulations21; or

(cc)

entitled as the sole eligible child of that member to pension benefits in relation to that member under Chapter 2 of Part 6 of the 2015 Regulations22 (survivor benefits: child survivor);

(iii)

otherwise, the scheme manager or a person appointed by the scheme manager;

(b)

in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(ii), 9(2)(b)(iii)(aa) or 12(2)(b)(ii), a personal representative, of the remedy member;

(c)

in the circumstances described in regulation 8(2)(b)(iii), 9(2)(b)(iii)(bb) or 12(2)(b)(iii), the scheme manager or a person appointed by the scheme manager.

(3)

For the purposes of paragraph (2)—

(a)

a person is capable unless, in the opinion of the scheme manager, that person is, by reason of illness or mental disorder or otherwise, unable to look after their own affairs;

(b)

the person appointed by the scheme manager (see paragraph (2)(a)(iii) and (c)) may include, in particular—

(i)

the personal representatives of the remedy member;

(ii)

the parent or guardian of a dependent or eligible child; or

(iii)

a dependent or eligible child.

Changes to legislation:

Changes to Legislation

PART 3Elections

Eligibility to make an election: designated persons 7.

(1)

(2)

(a)

(i)

(aa)

(bb)

(cc)

(ii)

(aa)

(bb)

(cc)

(iii)

(b)

(c)

(3)

(a)

(b)

(i)

(ii)

(iii)

Eligibility to make an election: designated persons
7.