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SCHEDULES

SCHEDULE 5E+W+SPension compensation payable on discharge of pension compensation credit

Modifications etc. (not altering text)

C1Sch. 5 applied (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 42(1), 53, 57 (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c 19 - see S.I. 2014/1683, art. 2

Part 3E+W+STransferee attains pension compensation age after transfer day

Terminal illness lump sum: eligibilityE+W+S

12(1)This paragraph applies where all of the following conditions are met—E+W+S

(a)the transferee is terminally ill;

(b)if the transferee lived to the relevant age, he or she would become entitled on attaining that age to compensation under paragraph 6 in respect of the pension compensation credit;

(c)the transferee has not yet become entitled to any compensation under this Chapter in respect of the pension compensation credit;

(d)the whole or any part of the transferee's lifetime allowance is available.

(2)The transferee may make an application to the Board to commute the future entitlement mentioned in sub-paragraph (1)(b) for a lump sum (“a terminal illness lump sum”) payable on the granting of the application.

(3)For the purposes of this Chapter, a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within 6 months.

(4)In this paragraph—

[F3(5)Sub-paragraph (6) applies where the commencement of a person's periodic compensation under paragraph 6 is postponed by virtue of paragraph 16A.

(6)This paragraph applies as if—

(a)the person first becomes entitled to compensation under paragraph 6 immediately after the period of postponement ends, and

(b)in sub-paragraph (1)(b), for “if the transferee lived to the relevant age, he or she would become entitled on attaining that age” there were substituted “ if the period of postponement ended, the transferee would become entitled ”.]

Textual Amendments

F1Words in Sch. 5 para. 12(4) omitted (13.3.2013) by virtue of Pensions Act 2011 (c. 19), s. 38(4), Sch. 4 para. 34(1)(a)(i); S.I. 2013/585, art. 2(b)(iii)

F2Words in Sch. 5 para. 12(4) omitted (13.3.2013) by virtue of Pensions Act 2011 (c. 19), s. 38(4), Sch. 4 para. 34(1)(a)(ii); S.I. 2013/585, art. 2(b)(iii)

F3Sch. 5 para. 12(5), (6) inserted (13.3.2013) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 4 para. 34(1)(b); S.I. 2013/585, art. 2(b)(iii)