The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

PART 1 INTRODUCTORY AND GENERAL

CHAPTER 1.A INTRODUCTION

Citation and commencement

1.A.1.—(1) These Regulations may be cited as the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013.

(2) These Regulations come into force on 1st July 2013.

Application of remaining Parts

1.A.2.—(1) Part 2 provides for benefits to be payable in relation to service as an officer (as defined in that Part).

(2) Part 3 provides for benefits to be payable in relation to service as—

(a) a practitioner; or

(b) an OOH provider,

(both as defined in that Part).

(3) Part 4 modifies Parts 2 and 3 where a member has pensionable service under both Part 2 and Part 3.

CHAPTER 1.B ACCOUNTS AND INFORMATION

Accounts

1.B.1.—(1) This regulation applies to the National Health Service superannuation scheme for Scotland (“the scheme”), the rules of which are set out in—

(a) these Regulations; and

(b) the National Health Service Superannuation Scheme (Scotland) Regulations 2011(1) (“the 2011 Regulations”).

(2) The Scottish Ministers must keep accounts of all income and expenditure of the scheme in a form approved by the Treasury.

(3) The accounts must be open to examination by the Auditor General for Scotland.

Provision of information for tax purposes

1.B.2.—(1) A person who is entitled to a benefit under these Regulations must give the scheme administrator such information as will enable the scheme administrator to determine—

(a) whether a lifetime allowance charge(2) arises on the person becoming entitled to the benefit; and

(b) if any such charge arises, the amount of the tax payable.

(2) Paragraph (1) applies whether or not the person intends to rely on having given notice under any of the provisions specified in section 256(1) (enhanced lifetime allowance regulations) of the 2004 Act.

(3) If a person applying for a benefit under these Regulations intends to rely on entitlement by virtue of any such notice, in addition to the information mentioned in paragraph (1), the person must give the scheme administrator the reference number issued by the Commissioners for Her Majesty’s Revenue and Customs(3) under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006(4) in respect of that entitlement.

(4) If a person claiming a benefit under these Regulations intends to rely on entitlement to transitional protection against a lifetime allowance charge in accordance with paragraph 14 of Schedule 18 to the Finance Act 2011(5), that person must give to the scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011(6) in respect of that entitlement.

(5) The information that a person is required to give under this regulation must be given—

(a) at the time the person makes a claim for a benefit; or

(b) within such period ending after that time as the scheme administrator specifies in writing.

(6) If a person fails to comply with paragraph (5)(b), the scheme administrator may calculate and pay tax due in respect of the lifetime allowance charge on the basis that the whole benefit is chargeable.

(7) Paragraph (8) applies to members who are practitioners or non-GP providers (both as defined in Parts 2 and 3).

(8) The members referred to in paragraph (7) must provide the information required by regulation 15A of the Registered Pension Schemes (Provision of Information) Regulations 2006(7) in respect of their benefits under the scheme, in a manner prescribed from time to time by the Scottish Ministers.

(9) In this regulation, “scheme administrator” means the scheme administrator, as the case may be, under regulation 2.J.1 or 3.J.1.

(1)

S.S.I. 2011/117, amended by S.S.I. 2011/173 and 364 and 2012/69 and 163.

(2)

The expression “lifetime allowance charge” has the meaning given in section 214(1) of the Finance Act 2004 (c.12).

(3)

The functions of the Commissioner for Inland Revenue were transferred to the Commissioner for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c.11).

(4)

S.I. 2006/131, amended by S.I. 2006/3261, 2009/56 and 2010/651.

(5)

2011 c.11.

(6)

S.I. 2011/1752.

(7)

S.I. 2006/567. Regulation 15A was inserted by S.I. 2011/1797.