PART 2AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES (SUPERANNUATION) REGULATIONS (NORTHERN IRELAND) 1995
Amendment of regulation 17A7
1
Regulation 17A (General option to exchange part of pension for lump sum) is amended as provided by paragraphs (2) and (3).
2
In paragraph (8) for “The option” substitute, “Subject to paragraphs (9) and (10), the option”.
3
After paragraph (8), add—
9
If the pension is an ill-health pension under regulation 13A, the option under this regulation may only be exercised by giving notice in writing to the Department in the form required by the Department—
a
where the member is awarded—
i
a tier 1 pension under paragraph (3)(a) of that regulation, at the time of claiming that tier 1 pension,
ii
a tier 2 pension under paragraph (3)(b) of that regulation, at the time of claiming that tier 2 pension; or
b
before such later time as the Department specifies in writing.
10
If the pension is a tier 2 ill-health pension under regulation 13B to be paid in place of a tier 1 ill-health pension under regulation 13A, the option under this regulation may only be exercised—
a
in relation to the difference between the tier 1 pension that is replaced by the tier 2 pension in accordance with paragraph (3) of regulation 13B and the tier 2 pension to which the member becomes entitled under that paragraph; and
b
by giving notice in writing to the Department in the form required by the Department—
i
at the time of award of the tier 2 pension under that paragraph, or
ii
before such later time as the Department specifies in writing.