The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005

Applications for fraud compensation payments E+W+S

5.—(1) An application, for fraud compensation payments, under section 182(1)(d) (applications) must—

(a) be made in writing by a person specified in paragraph (2), and

(b) must contain all of the information specified in paragraph (3), other than any such information which the Board already has and in such a case the application need not contain that information.

(2) Subject to paragraph (5), an application must be made by—

(a) the trustees or managers of the scheme, or their representative;

(b) a person connected with the administration of, or the provision of benefits under, the scheme, or his representative; or

(c) a member of, or beneficiary under, the scheme or his representative.

(3) An application must contain—

(a) the name and address of the person making the application and, where relevant, of the person on behalf of whom the application is made;

(b) the name, address and pension scheme registration number of the scheme;

(c) the name and address, or location of a place of business, of the employer in relation to the scheme;

(d) details of the type of benefits provided;

(e) the date of the qualifying insolvency event referred to in section 182(2)(a) (qualifying insolvency event) or the date an employer was unlikely to continue as a going concern;

(f) the date the loss was discovered; and

(g) any additional information the Board may consider appropriate in the circumstances.

(4) In the case of a stakeholder pension scheme paragraph (3)(c) and (e) shall not apply where there is no employer in relation to the scheme.

(5) In the case of—

(a) a section of a segregated scheme, or a segregated part, applications must be made by—

(i) the trustees or managers with ultimate responsibility for the section, or the segregated part, or their representative;

(ii) a person connected with the administration of, or provision of benefits under the section, or the segregated part, or his representative; or

(iii) a member of, or beneficiary under the section or the segregated part or his representative;

(b) [F1 except where paragraph (6) applies,] an unsecured part of a partially guaranteed scheme, for the purposes of paragraph (2)(c), an application may be made only by a member or beneficiary of the unsecured part or his representative.

[F2 (6) This paragraph applies to a scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies.]

Textual Amendments

F1 Words in reg. 5(5)(b) inserted (8.3.2010) by The Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/196), regs. 1, 6(2)(a)

F2 Reg. 5(6) inserted (8.3.2010) by The Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/196), regs. 1, 6(2)(b)

Modifications etc. (not altering text)

C1 Reg. 5 modified (1.10.2018) by The Occupational Pension Schemes (Master Trusts) Regulations2018 (S.I. 2018/1030), regs. 1(2), 23(1)(2)(b)(iii)