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The National Health Service Pension Scheme (Scotland) (Additional Voluntary Contributions) Regulations 2018

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16.—(1) Persons making elections under these Regulations, and their employers, must give the Scottish Ministers such information as they may reasonably require for the purposes of their functions under these Regulations.

(2) Without prejudice to the generality of paragraph (1), a person making—

(a)an election under regulation 4(1)(b) or (6) to provide a lump sum death benefit; or

(b)an election under regulation 6(2)(a),

must give the Scottish Ministers such information about their health as the Scottish Ministers may reasonably require.

(3) Where a person is entitled to a benefit under these Regulations, that person must (whether or not intending to rely on entitlement to an enhanced lifetime allowance or to enhanced protection) give to the authorised provider such information as will enable the authorised provider to determine—

(a)whether any lifetime allowance is payable in respect of the benefit; and

(b)the amount of that charge payable.

(4) If a person applying for a benefit under these Regulations intends to rely on entitlement to an enhanced lifetime allowance by virtue of any of the provisions listed in section 256(1) of the 2004 Act (enhanced lifetime allowance regulations), that person must give to the authorised provider—

(a)the reference number issued by the Commissioners for Her Majesty’s Revenue and Customs under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006(1) in respect of that entitlement; and

(b)the information referred to in paragraph (3).

(5) The information referred to in paragraph (3) and paragraph (4) must be given to the authorised provider—

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

(b)where that information has not been provided at the time of making the claim, within such time as the authorised provider specifies in writing.

(6) Where the person fails to provide all, or part of, the information referred to in paragraph (3) and paragraph (4) within the time limits specified by the authorised provider where relevant, the authorised provider may treat the whole of the benefit as a chargeable benefit and the charge may be paid on that basis.

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