Legislation – The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023

There are currently no known outstanding effects for The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023, Section 7.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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 is to 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)(ii), 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 Part G of the 2011 Regulations;

(bb)

entitled to a surviving adult dependant pension in relation to that member under regulation 2.E.1 or 3.E.1 of the 2013 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 Part H of the 2011 Regulations17 (dependent child allowance);

(bb)

entitled as the sole dependent child of that member to pension benefits in relation to that member under Chapter 2.E of Part 2 (benefits for officers: death benefits) or Chapter 3.E of Part 3 (benefits for practitioners etc: death benefits) of the 2013 Regulations18; 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 Regulations19 (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), the personal representatives of the remedy member;

(c)

in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(iii) or 12(2)(b)(ii), 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, 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.