Amendment of regulation 4
46.—(1) Regulation 4 (Scale of benefits)(1) is amended as provided by paragraphs (2) and (3).
(2) In sub-paragraph (a) of paragraph (6)—
(a)for paragraph (i), substitute—
“(i)reduction in the amount of that pension under regulation 92 or 93 of the 1995 Regulations, regulation 129, 130, 253 or 254 of the 2008 Regulations or paragraph 11 or 12 of Schedule 3 to the 2015 Regulations (all of which deal with offset and loss of rights to benefits);”;
(b)for paragraph (ii), substitute—
“(ii)reduction in the amount of that pension under regulation 13A(7), 17A or 49(5) of the 1995 Regulations, regulation 58, 59, 185 or 186 of the 2008 Regulations or regulation 76 or 108 of the 2015 Regulations (all of which deal with exchanging a pension for a lump sum including in cases of serious ill health);”;
(c)for paragraph (iv), substitute—
“(iv)reduction in the amount of that pension under paragraph 13(b) of regulation 89A of the 1995 Regulations, paragraph (10)(b) of regulations 131 or 255 of the 2008 Regulations or paragraph 16 of Schedule 3 to the 2015 Regulations (all of which deal with the deduction of tax);”.
(3) After sub-paragraph (b) of paragraph (10)(2), add—
“(c)in respect of a person who is or is eligible to be a member of the scheme set out in the 2015 Regulations,—
(i)the person’s state pension age, or
(ii)65, if that is higher.”.
Regulation 4 as amended by S.R. 2008 No.130, regulation 4(3); S.R. 2008 No.350, regulation 3(5); S.R. 2009 No. 65, regulation 85; S.R. 2009 No.188, regulation 82 and S.R. 2013 No.141, regulation 5
Sub-paragraph (10) was inserted by S.R. 2009 No.350 regulation 3(5)(c)