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The Pension Protection Fund (Compensation) and Occupational Pension Schemes (Fraud Compensation Payments) (Amendment) Regulations (Northern Ireland) 2023
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Statutory Rules of Northern Ireland
2023 No. 41
Pensions
The Pension Protection Fund (Compensation) and Occupational Pension Schemes (Fraud Compensation Payments) (Amendment) Regulations (Northern Ireland) 2023
Made
15th March 2023
Coming into operation
6th April 2023
Citation and commencement
1. These Regulations may be cited as the Pension Protection Fund (Compensation) and Occupational Pension Schemes (Fraud Compensation Payments) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 6th April 2023.
Amendment of the Pension Protection Fund (Compensation) Regulations
2. In regulation 7(2)(b) of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005(3) (period of payment) omit “and within one year of leaving the previous course”.
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations
3. In regulation 8(1)(b) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2005(4) (interim payments) after head (iv) add—
“(v)costs, expenses and liabilities that arise as a consequence of the application;”.
Sealed with the Official Seal of the Department for Communities on 15th March 2023
(L.S.)
Anne McCleary
A senior officer of the Department for Communities
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005 and the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2005.
Regulation 2 amends the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005 to remove the requirement for a dependent child survivor to commence a qualifying course within one year of leaving the previous course. It allows dependent children to continue to receive compensation payments if they begin the new qualifying course before reaching the age of 23.
Regulation 3 amends the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2005 to include an additional specific liability incurred by the trustees of a scheme when they make an application for compensation from the Fraud Compensation Fund.
As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement to consult under Article 289(1) of the Pensions (Northern Ireland) Order 2005 does not apply by virtue of paragraph (2)(e) of that Article.
(1)
See section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))
(3)
S.R. 2005 No. 149; regulation 7 was amended by regulation 8(7) of S.R. 2005 No. 357 and regulation 7(6) of S.R. 2013 No. 95
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