The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012

Amendment of Schedule 2

10.—(1) Schedule 2 (Medical and dental practitioners) is amended as provided by paragraphs (2) to (4).

(2) In paragraph 10 (Contributions to this Section of the scheme)—

(a) in sub-paragraph (2I)(1)—

(i) for “, which” substitute “on the basis of whichever of the following the host Health and Social Services Board considers the most appropriate in the circumstances”;

(ii) in heads (a) and (b), at the beginning, insert “the amount of the practitioner’s (other than a dentist performer) or non-GP provider’s earnings that”; and

(iii) in head (c)—

(aa) at the beginning, insert “the amount of such earnings that”; and

(bb) after “practitioner’s” insert “(not being a dentist performer)”.

(b) in sub-paragraph (2L)(2)—

(i) for “, which” substitute “on the basis of whichever of the following the host Health and Social Services Board considers the most appropriate in the circumstances”; and

(ii) in heads (a), (b) and (c), at the beginning, insert “the amount of the performers earnings that”.

(3) Paragraph 13 is omitted.

(4) Paragraph 23 (Accounts and actuarial reports)(3), is amended as follows—

(a) in sub-paragraph (2) for “principal medical practitioner” substitute “principal practitioner falling within paragraph (a) of the definition of principal practitioner”;

(b) in sub-paragraph (3) for “assistant medical practitioner” substitute “assistant practitioner falling within paragraph (a) of the definition of assistant practitioner”;

(c) in sub-paragraph (4)—

(i) for “principal dental practitioner” substitute “principal practitioner falling within paragraph (b) of the definition of principal practitioner”; and

(ii) for “Trust or Board” substitute “Health and Social Services Board”;

(d) in sub-paragraph (5)—

(i) for “assistant dental practitioner” substitute “assistant practitioner falling within paragraph (b) of the definition of assistant practitioner”; and

(ii) for “Trust or Board” substitute “Health and Social Services Board”;

(e) for sub-paragraphs (6) to (13), substitute—

“(6) In respect of each scheme year, an employing authority shall provide the Department with a statement of estimated superannuable earnings in respect of any—

(a) non-GP provider that is a GMS practice or an APMS contractor who assists in the provision of HSC services provided by that GMS practice or APMS contractor;

(b) principal practitioner, falling within paragraph (a) of the definition of principal practitioner, who performs medical services as, or on behalf of, the GMS practice or APMS contractor; or

(c) assistant practitioner, falling within paragraph (a) of the definition of assistant practitioner, employed by the GMS practice or APMS contractor.

(7) In respect of each scheme year, a GMS practice or an APMS contractor shall provide the Department with an end-of-year statement of—

(a) superannuable earnings,

(b) contributions to this Section of the Scheme made under regulation 10 (Contributions by members) and the modifications to that regulation referred to in paragraph 10,

(c) contributions to this Section of the Scheme made under regulation 11 (Contributions by employing authorities) and the modifications to that regulation referred to in paragraph 10, and

(d) any superannuable earnings deemed in accordance with regulation 65 (Absence because of illness or injury or certain types of leave) and the modifications to that regulation referred to in paragraph 19,

in respect of assistant practitioners, falling within paragraph (a) of the definition of assistant practitioner, employed by the GMS practice or APMS contractor.

(8) The Department shall be provided with—

(a) the statement referred to in sub-paragraph (6) at least 1 month before the beginning of that scheme year;

(b) the statement referred to in sub-paragraph (7) no later than 3 months after the end of that scheme year.

(9) A host Health and Social Services Board shall, for each scheme year and no later than 13 months after the end of each scheme year, forward to the Department a copy of the records the host Health and Social Services Board maintains in respect of—

(a) all contributions to this Section of the Scheme made under paragraph 10 in respect of principal practitioners falling within paragraph (a) of the definition of principal practitioner, and non-GP providers, and

(b) their superannuable earnings.

(10) Subject to sub-paragraphs (11) and (12), if, in respect of a scheme year, a practitioner or non-GP provider has failed to comply with the requirements of whichever of sub-paragraphs (2) to (5) applies to that member, the member’s superannuable earnings for that scheme year shall be zero.

(11) If, in respect of a scheme year, the employing authority of a practitioner or non-GP provider member is in possession of a figure representing all or part of that member’s superannuable earnings for that year, the Department may treat that figure as the amount of that member’s superannuable earnings for that year where—

(a) the member has failed to comply with the requirements of whichever of sub-paragraphs (2) to (5) applies to them; and

(b) a benefit in respect of that member’s service as a practitioner or non-GP provider is payable to, or in respect of them, under these Regulations.

(12) If, in respect of a scheme year, a practitioner or non-GP provider—

(a) dies without complying with the requirements of whichever of sub-paragraphs (2) to (5) applies to them; or

(b) is, in the opinion of the Department, unable to look after their own affairs by reason of illness or lack of capacity,

the Department may require that practitioner or non-GP provider’s personal representatives or person (or persons) duly authorised to act on the member’s behalf to provide the relevant certificate or statement within the period specified in sub-paragraph (13).

(13) The period is—

(a) that referred to in whichever of sub-paragraphs (2) to (5) was or is applicable to them, or

(b) such other period as the Department permits.

(14) The certificates and statements referred to in this paragraph—

(a) shall be in such form as the Department shall from time to time require;

(b) may be provided to the Department in such manner as the Department may from time to time permit.

(15) A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment or disturbance in the functioning of his mind or brain.”.

(1)

Sub-paragraph (2I) was amended by S.R. 2010 No.420 regulation 8(4)

(2)

Sub-paragraph (2L) was amended by S.R. 2010 No.420 regulation 8(4)

(3)

Paragraph 23 was inserted by S.R. 2005 No.565 regulation 12(9), substituted by S.R. 2009 No.188 regulation 11(4) and amended by S.R. 2010 No.22 regulation 12, Schedule 1, Part 1, paragraph 1(b)