The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

Persons who are eligible to benefit: LGPS members and non-members with relevant disqualification

5.—(1) A LGPS member or an assumed member is eligible to benefit under this Part if—

(a) he ceases to hold his employment with an employing authority—

(i) by reason of redundancy;

(ii) in the interests of the efficient exercise of that authority’s functions; or

(ii) because he was one of the holders of a joint appointment and his appointment has been terminated because the other ceased to hold his appointment;

(b) in a case within sub-paragraph (a)(i) or (ii), that authority—

(i) has certified in relation to him in accordance with regulation D6(2)(a) of the LGPS Regulations (redundancy etc.); or

(ii) is satisfied that but for a relevant disqualification and on the relevant assumptions it would have so certified;

(c) he is not, in respect of the loss of that employment, entitled to have his case considered for the payment of section 137 compensation;

(d) on the material date he has attained the age of 50, but not the age of 65;

(e) on that date the aggregate of—

(i) his total period of membership, and

(ii) any periods to which Part II of Schedule B1 to the LGPS Regulations applies,

amounts to at least 5 years;

(f) on that date his total period of membership does not exceed 40 years; and

(g) the period beginning with the day following the material date and ending with his 65th birthday, exceeds any period of residual entitlement which he has to his credit as described in regulation 7(2).

(2) In paragraph (1) “assumed member” means a person who the employing authority is satisfied would be, or be treated as, a LGPS member but for a relevant disqualification.

(3) In paragraph (1)(c) “section 137 compensation” means long-term compensation or retirement compensation—

(a) under regulations made under section 137 of the Local Government Act (Northern Ireland) 1972(1); or

(b) under any instrument made under any provision to the like effect in any other enactment.

(1)

1972 c. 9 (N.I.)