The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

Statutory Instruments

2005 No. 2189

PENSIONS

The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

Made

4th August 2005

Laid before Parliament

11th August 2005

Coming into force in accordance with regulation 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 168, 190(1)(a) and (2), 203(1), 315(2), (4) and (5) and 318(1) and (5) of the Pensions Act 2004 M1 , and of all other powers enabling him in that behalf, by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which they are made M2 , makes the following Regulations:

Marginal Citations

M1 2004 c. 35. Sections 168, 190 and 203 are modified respectively by the Financial Assistance Scheme Regulations 2005 (S.I.2005/1986), regulation 4 and Schedule 1, paragraphs 4, 5 and 15. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

M2 See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 and shall come into force—

(a) in so far as these Regulations apply in relation to civil partnerships, on 5th December 2005; and

(b) for all other purposes, on 1st September 2005.

(2) These Regulations extend to Northern Ireland M3 .

Marginal Citations

M3 See regulation 4(3) of S.I.2005/1986.

Interpretation U.K.

2.—(1) In these Regulations—

[F1 “the 2009 Regulations” means the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009;

“the Act” means the Pensions Act 2004;]

“the FAS Regulations” means the Financial Assistance Scheme Regulations 2005;

F2 ...

“appropriate person” means, in relation to an occupational pension scheme—

(a)

a trustee or manager of the scheme or, where the scheme has fully wound up, a former trustee or manager of that scheme;

(b)

a professional adviser in relation to the scheme or, where the scheme has fully wound up, a former professional adviser in relation to that scheme;

(c)

in relation to a scheme which has fully wound up, any insurance company which is paying annuities to former members of that scheme; and

(d)

any other person appearing to the scheme manager to be a person who holds, or is likely to hold, information relevant to—

(i)

whether an occupational pension scheme is a qualifying pension scheme; or

(ii)

a qualifying member's entitlement to an annual payment under the FAS Regulations and the amount of such a payment;

“beneficiary” means a qualifying member or, after his death, his survivor [F3 and surviving dependants];

“member” includes—

(a)

a person who was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up where—

(i)

that payment was attributable to the pensionable service of a former member of that scheme who has died; and

(ii)

the scheme's pension liabilities in respect of that person are unlikely to be satisfied in full because the scheme has insufficient assets;

(b)

a person who is entitled to, but not in receipt of, a present payment from a qualifying pension scheme where that payment would have been attributable to the pensionable service of a former member of that scheme who died on or after the day on which the scheme began to wind up; and

(c)

a person who became a pension credit member of the scheme on or after the day on which the scheme began to wind up,

and for the purposes of this definition, the day on which the scheme began to wind up shall be determined in accordance with regulation 3 of the FAS Regulations;

“normal retirement age” means, [F4 except in paragraph 1(3) of Schedule 1,] in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire;

“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;

[F5 “potential beneficiary” means any person

(a)

in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 is to be provided to [F6 in accordance with regulation 3(3)(a) to the scheme manager or a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act]; but

(b)

who has not yet been determined to be a beneficiary;]

“qualifying member” shall be construed in accordance with regulation 15 of the FAS Regulations;

“qualifying pension scheme” shall be construed in accordance with regulation 9 of the FAS Regulations;

“scheme manager” shall be construed in accordance with regulation 5 of the FAS Regulations;

[F7 “surviving dependant” shall be construed in accordance with regulation 16B of the FAS Regulations;

“survivor” shall be construed in accordance with regulation 16A of the FAS Regulations;]

and other expressions have the meaning given to them in the Pensions Act 2004 or, as the case may be, in the Pensions (Northern Ireland) Order 2005 M4 .

[F8 (1A) In the definition of “normal retirement age” in paragraph (1), “the rules of that scheme” means the rules of the occupational pension scheme on the date on which benefits ceased to accrue to that member.

(1B) Subject to paragraph (1C), in these Regulations “appointed representative” means a person—

(a) whose name and address, and those appointment by a beneficiary or potential beneficiary for the purposes of providing information to the scheme manager under regulation 4, have been notified to the scheme manager in a document signed by the beneficiary or potential beneficiary in question or by the legal representative of the beneficiary or potential beneficiary; and

(b) whose appointment has been consented to by the scheme manager.

(1C) Subject to paragraph (1D), where a beneficiary or a potential beneficiary is a child aged less than 18, the scheme manager may regard—

(a) a parent of the child;

(b) a person with parental responsibility within the meaning of section 3 of the Children Act 1989 in relation to the child;

(c) a person with parental responsibility or parental rights under the Children (Scotland) Act 1995 in relation to the child; or

(d) a person with parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995 in relation to the child,

as the appointed representative of that child.

(1D) Where—

(a) no person referred to in paragraph (1C)(a) to (d) is known to the scheme manager, the scheme manager may appoint a person to act as the appointed representative of a child;

(b) more than one person referred to in paragraph (1C)(a) to (d) wishes to act as the child’s representative for the purposes of these Regulations, the scheme manager may appoint one of those persons as the appointed representative of that child.

(1E) In—

(a) regulation 3(3)(a) (information to be provided by, and to, appropriate persons);

(b) regulation 4 (information to be provided by beneficiaries and potential beneficiaries and their personal representatives);

(c) regulation 5 (method of providing information);

(d) regulation 6(1) (insufficient or unsuitable information); and

(e) paragraph 1(2) of Schedule 1 (information to be provided by appropriate persons),

a reference to the scheme manager includes a reference to a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act and who is authorised by the scheme manager to be the person to whom information is to be provided in accordance with these Regulations.]

(2) For the purposes of the definition of “appropriate person” in paragraph (1), “insurance company” means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 M5 to effect or carry out contracts of long-term insurance; or

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act (certain direct insurance undertakings) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance,

and in this paragraph, “contracts of long-term insurance” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M6 .

(3) Paragraph (2) shall be read with—

(a) section 22 of Financial Services and Markets Act 2000 (regulated activities);

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.

Textual Amendments

F1 Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(a)(i)

F2 Words in reg. 2(1) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(a)(ii)

F3 Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(a)(iii)

F4 Words in reg. 2(1) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 17

F5 Words in reg. 2(1) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(2)(a)

F6 Words in reg. 2(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(a)(iv)

F7 Words in reg. 2(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(a)(v)

F8 Reg. 2(1A)-(1E) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(2)(b)

Marginal Citations

M4 S.I.2005/255 (N.I.1).

M5 2000 c. 8.

M6 S.I.2001/544.

Information to be provided by, and to, appropriate persons U.K.

3.—(1) Where the scheme manager has been notified in accordance with regulation 14 of the FAS Regulations that an occupational pension scheme may be a qualifying pension scheme, an appropriate person shall provide such information to the scheme manager as is necessary for [F9 it] to determine whether the scheme is a qualifying pension scheme for the purposes of Part 3 of the FAS Regulations, within the period of 6 months beginning on the day on which the scheme manager requests that information or within such longer period as the scheme manager may determine.

(2) Where the scheme manager has determined whether or not an occupational pension scheme is a qualifying pension scheme, [F10 it] shall, no later than 14 days after making that determination—

(a) notify the relevant appropriate person relating to that scheme, in writing, of that determination; and

(b) where the determination is that the scheme is not a qualifying pension scheme, notify that person in writing of the reasons for that determination.

(3) Where the scheme manager has determined that an occupational pension scheme is a qualifying pension scheme, the information to be provided to—

(a) the scheme manager; [F11 or]

[F12 (b) all potential beneficiaries,]

by an appropriate person shall be determined in accordance with the provisions of Schedule 1.

Textual Amendments

F9 Word in reg. 3(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(3)

F10 Word in reg. 3(2) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(4)(a)

F11 Word in reg. 3(3)(a) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(3)(a)

F12 Reg. 3(3)(b) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(3)(b)

Information to be provided by beneficiaries and potential beneficiaries and their personal representatives U.K.

4.—(1) The information to be provided to the scheme manager by beneficiaries and potential beneficiaries shall be determined in accordance with the provisions of Schedule 2.

(2) Where a beneficiary or a potential beneficiary dies, his personal representative shall, within the period of 28 days beginning with the date of the death, notify the scheme manager of the death and provide a copy of the death certificate to the scheme manager.

Method of providing information U.K.

5.—(1) Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing.

[F13 (1A) Where, under these Regulations, any information is to be provided to the scheme manager, that information shall be provided in such manner and form as the scheme manager may request.]

(2) Where, under these Regulations—

(a) any information is to be provided to the scheme manager by any beneficiary or potential beneficiary; and

(b) there is an appointed representative in relation to that beneficiary or potential beneficiary,

that information shall be provided by or to his appointed representative.

(3) Any document sent, or notification given, by an appropriate person to the scheme manager under regulation 3(1) or (3) and Schedule 1 shall include—

(a) the names of the persons sending the document or giving the notification;

(b) the name of the scheme to which the document or notification relates; and

(c) the pension scheme registration number which is allocated to that scheme in the register.

(4) Any document sent, or notification given, to the scheme manager by any beneficiary or potential beneficiary under regulation 4(1) and Schedule 2, or by the personal representative of a such a person under regulation 4(2), shall include, in relation to that person—

(a) the name, address, date of birth and national insurance number of that person;

(b) where the beneficiary or potential beneficiary concerned is, or purports to be, a survivor [F14 or surviving dependant] , the name and date of birth of the qualifying member from whom that person has accrued pension rights;

(c) the name of the employer in relation to the scheme in which that qualifying member's pension rights accrued; and

(d) the address or location of a place of business of that employer.

Textual Amendments

F13 Reg. 5(1A) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(2)

F14 Words in reg. 5(4)(b) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(5)

Insufficient or unsuitable information U.K.

6.—(1) Where the scheme manager—

(a) has not been provided with the information or evidence required to be provided to [F15 it] under regulation 3(1) or (3) or 4(1) or Schedule 1 or 2 within the period allowed for in that regulation or those Schedules;

(b) is of the opinion that [F16 it] has insufficient information or evidence; or

(c) has been provided with such information or evidence but in an inappropriate form or manner,

[F17 the scheme manager may] , at any time after the expiry of the relevant period prescribed in that regulation or those Schedules, refuse to make a determination in relation to the matters in respect of which that information and evidence was, or was to have been, provided and shall notify the person who provided, or was to have provided, the information and evidence in writing accordingly.

(2) The scheme manager shall only be bound to make a determination in relation to the matters specified in paragraph (1) once [F16 it] receives the information or evidence or receives it in an appropriate form or manner.

Textual Amendments

F15 Word in reg. 6(1)(a) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(3)

F16 Word in reg. 6 substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(4)(b)

F17 Words in reg. 6(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(6)

Recovery of overpayments U.K.

7.—(1) The scheme manager shall be entitled to recover the amount of any payment made [F18 to any person,] in excess of the [F19 beneficiary's entitlement[F19 any entitlement,]] under Part 5 of the FAS Regulations where it has been determined that an amount has been so paid.

(2) An amount recoverable under paragraph (1) is recoverable from—

(a) the beneficiary [F20 (or other person to whom such a payment was made)];

(b) [F21 his[F21 the beneficiary’s]] appointed representative for the purposes of the FAS Regulations; or

(c) the beneficiary's estate [F22 (or the estate of any other person to whom such a payment was made)].

(3) An amount recoverable under paragraph (1) may, without prejudice to any other method of recovery, be recovered by abating future payments made under Part 5 of the FAS Regulations.

[F23 (4) An amount recovered by the scheme manager under paragraph (1) must be paid to the Secretary of State.]

Textual Amendments

F18 Words in reg. 7(1) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(3)(a)(i)

F19 Words in reg. 7(1) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(3)(a)(ii)

F20 Words in reg. 7(2)(a) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(3)(b)(i)

F21 Words in reg. 7(2)(b) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(3)(b)(ii)

F22 Words in reg. 7(2)(c) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(3)(b)(iii)

F23 Reg. 7(4) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(7)

Suspension of payments U.K.

8.—(1) Payment of F24 ... instalments under regulation 19 of the FAS Regulations may be suspended, in whole or in part, where the scheme manager is of the opinion that a [F25 beneficiary [F25 person receiving payments]] may not be entitled to receive payments under those Regulations.

(2) The suspension in paragraph (1) shall continue until such time as the scheme manager is satisfied as to [F26 the beneficiary's [F26 that person’s]] entitlement to a payment under those Regulations.

Textual Amendments

F24 Word in reg. 8(1) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(8)

F25 Words in reg. 8(1) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(4)(a)

F26 Words in reg. 8(2) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 8(4)(b)

Signed by authority of the Secretary of State for Work and Pensions.

Stephen C. Timms

Minister of State,

Department for Work and Pensions

4th August 2005

Regulation 3(3)

SCHEDULE 1 U.K. INFORMATION TO BE PROVIDED BY APPROPRIATE PERSONS

1.—(1) In this Schedule, “ notification date” means the day on which the scheme manager notifies the appropriate person that [F27 it] has determined that a scheme is a qualifying pension scheme. U.K.

(2) Information to be provided to the scheme manager [F28 or all potential beneficiaries] by appropriate persons shall be determined in accordance with the table of information set out below—

Table of information to be provided by appropriate persons

Description of persons to whom information is to be provided	Description of information to be provided	Period during which information is to be provided
The scheme manager.	The identity of those individuals within the appropriate person's organisation who will have responsibility for providing information to the scheme manager.	The period of 28 days beginning on the notification date.
The scheme manager.	Details of any change in the address or telephone number— (a) in relation to a qualifying pension scheme which is winding up, of the trustees or managers of the scheme; (b) in relation to a qualifying pension scheme which has wound up, of the appropriate person who has responsibility for providing information to the scheme manager.	The period of 5 days beginning on the day on which the change took place.
The scheme manager.	Any change in the identity of the individuals who have been notified to the scheme manager as having responsibility for providing information to the scheme manager.	The period of 14 days beginning on the day on which the change took place.
The scheme manager.	In relation to each member or former member [F29 or any survivor [F30 or surviving dependant] of a member or former member,] of a qualifying pension scheme to whom, or in respect of whom, a payment might be made under the FAS Regulations— (a) his full name; (b) his date of birth; (c) his address and telephone number; (d) his national insurance number; (e) where that member [F31 or former member] has died, the date of his death; (f) his marital or civil partnership status; (fa) [F32 such information as is necessary to determine if the member or former member has a survivor or any surviving dependants;] (g) such evidence as is necessary to prove that [F33 the member or former member is, or was,] a member of that scheme; (h) his normal retirement age; (i) information necessary to determine the amount of pension to which he would have been entitled from the scheme if the scheme's liabilities to the member [F31 or former member] had been satisfied in full; (j) where applicable, the annual rate of annuity which can be purchased for him with the assets available to be used to discharge the liability of the scheme to him, after the liabilities of the scheme have been determined in accordance with section 73 of the Pensions Act 1995 M7 or Article 73 of the Pensions (Northern Ireland) Order 1995 M8 (preferential liabilities on winding up) or, where that section or Article does not apply, the rules of that scheme; (ja) [F34 where applicable, the annual rate of annuity which has been purchased for or in respect of a beneficiary or potential beneficiary, the amount paid for that annuity, the date on which it was purchased and the name, address and telephone number of the annuity provider; (jb) where applicable, information detailing whether a purchased annuity included revaluation, indexation or payments at or in respect of ages other than normal retirement age and if so, the relevant rate secured and the dates at which such payments or increases are payable; (jc) where applicable, the amount of any transfer payment, interim pension or lump sum (including any winding-up lump sum) made after the day on which the scheme began to be wound up and the dates on which those amounts were paid; (jd) where applicable, any amount paid to restore the state scheme rights of a member or former member of the scheme and the date on which that amount was paid;] (k) the sum which is available to be used to discharge the liability of the scheme to [F35 him] when the scheme is fully wound up; and (l) where the information referred to in paragraphs (i) to (k) cannot be provided or where that information might be inappropriate or inaccurate in a particular case [F36 or will not be sufficient to enable a reviewable determination to be made], such other information from which the amount of his actual pension, expected pension and interim pension for the purposes of Schedule 2 [F37 or Schedule 2A] to the FAS Regulations may be derived.	[F38 In accordance with sub-paragraphs (3) and (4).]
[F39 All potential beneficiaries] of the scheme and all former members of the scheme who are qualifying members.	In relation to a qualifying pension scheme which is winding up, notification that the scheme manager has determined that the scheme is, or is not, a qualifying pension scheme.	The period of 28 days beginning on the notification date.
[F40 The scheme manager.]	[F41 In relation to a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations , medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of those Regulations. ]	[F42 The period of 14 days beginning on the day on which the scheme manager requests the information.]
	[F43 Any changes to information provided in accordance with these Regulations.]	[F44 The period of 14 days beginning on the day on which the change took place.]
	[F45 Details of all expenditure incurred by the scheme in each period of 3 months (or such shorter or longer period as the scheme manager may determine in relation to a qualifying pension scheme), the first such period beginning on the date determined by the scheme manager in respect of the qualifying pension scheme.]	[F46 The period of 14 days following the end of the period to which the information relates.]
	[F47 Details of any significant changes in the level of expenditure incurred by the scheme.]	[F48 The period of 14 days beginning on the day on which the change took place.]
	[F49 Details of any contemplated significant changes in the investment of the scheme’s assets]	[F50 The period of 14 days beginning on the day on which the appropriate person becomes aware of any such contemplated changes]
	[F51 Details of any— (a) legal actions or proceedings; (b) contemplated legal actions or proceedings; (c) complaints made, or disputes or questions referred, to the Pensions Ombudsman under Part 10 of the Pension Schemes Act 1993 or, as the case may be, Part 10 of the Pension Schemes (Northern Ireland) Act 1993; or (d) arbitration, dispute resolution procedures or negotiations intended to lead or leading to a settlement or compromise of any legal action or proceeding, relating to a qualifying pension scheme.]	[F52 The latest of— (a) the period of 28 days beginning on the day on which the 2009 Regulations come into force; (b) the period of 28 days beginning on the notification date; or (c) the period of 28 days beginning on the day on which the appropriate person becomes aware of any of the matters in the second column.]

[F53 [F54 (3) Subject to sub-paragraphs (3A) and (4), the period for information to be provided in relation to each member or former member or any survivor or surviving dependant of a member or former member of a qualifying pension scheme is—

(a) in relation to each member or former member who has not attained normal retirement age on or before the date which is 6 months after the date on which the 2009 Regulations come into force, the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age;

(b) in relation to each member or former member who has attained normal retirement age on or before the date on which the 2009 Regulations come into force, the period ending 3 months after that date;

(c) in relation to any survivor or surviving dependant for or in respect of whom an annuity has been purchased and is in payment before the date on which the 2009 Regulations come into force, the period ending 3 months after those Regulations come into force; or

(d) in relation to any survivor or surviving dependant of a qualifying member who dies after the date on which the 2009 Regulations come into force, the period ending one month after the day on which the appropriate person became aware that the qualifying member has died.

(3A) Where—

(a) accurate information of the description specified in the table in sub-paragraph (2) can be provided before the period determined in accordance with sub-paragraph (3), the period for information to be provided is the period ending as soon as that accurate information can be provided;

(b) the scheme manager determines that the information can be, and should be, provided in a period other than the period determined in accordance with sub-paragraph (3), scheme manager may determine the period for the provision of that information; and

(c) information has been requested by the scheme manager in accordance with these Regulations before the date on which the 2009 Regulations come into force, the information shall be provided by the date determined by the scheme manager in that request.]

(4) Where the information is to be provided in relation to a person who is terminally ill or unable to work due to ill health, the period is the period of 14 days beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

F55 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)  In sub-paragraphs (3) and (4), “normal retirement age” and “terminally ill” have the meanings given by the FAS Regulations.]

Textual Amendments

F27 Word in Sch. 1 para. 1(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(4)(c)

F28 Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(a)

F29 Words in Sch. 1 para. 1(2) inserted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(b)(i)

F30 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(i), 32(9)(aa)

F31 Words in Sch. 1 para. 1(2) inserted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(b)(ii)

F32 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(i), 32(9)(bb)

F33 Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(b)(iii)

F34 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(i), 32(9)(cc)

F35 Word in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(b)(iv)

F36 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(i), 32(9)(dd)

F37 Words in Sch. 1 para. 1(2) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 18(a)(i)

F38 Words in Sch. 1 para. 1(2) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 18(a)(ii)

F39 Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(4)(c)

F40 Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(2)(a)

F41 Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(2)(b)

F42 Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(2)(c)

F43 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(aa)

F44 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(bb)

F45 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(cc)

F46 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(dd)

F47 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(ee)

F48 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(ff)

F49 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(gg)

F50 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(hh)

F51 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(a)(ii)

F52 Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(a)(ii), 32(9)(jj)

F53 Sch. 1 para. 1(3)-(7) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 18(b)

F54 Sch. 1 para. 1(3)(3A) substituted for Sch. 1 para. 1(3) (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(b)

F55 Sch. 1 para. 1(5)(6) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(9)(c)

Marginal Citations

M7 1995 c. 26. Section 73 is substituted by the Pensions Act 2004 (c. 35), section 270(1) but see article 2(8) of S.I.2005/275 (C.10).

M8 S.I.1995/3213 (N.I.22). Article 73 is substituted by the Pensions (Northern Ireland) Order 2005 (S.I.2005/255 (N.I.1)), Article 247(1) but see Article 2(8) of S.R.2005 No. 48 (C.5).

[F56 2.— (1) This paragraph applies where the scheme manager has made arrangements with a person under paragraph 18 of Schedule 5 to the Act (as modified by Schedule 1 to the FAS Regulations) and the scheme manager has authorised that person to be the person to whom information is to be provided in accordance with these Regulations. U.K.

(2) Where this paragraph applies, appropriate persons shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act.]

Textual Amendments

F56 Sch. 1 para. 2 inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(10)

Regulation 4(1)

SCHEDULE 2 U.K. INFORMATION TO BE PROVIDED BY BENEFICIARIES AND POTENTIAL BENEFICIARIES

1.  Information to be provided by beneficiaries and potential beneficiaries to the scheme manager shall be determined in accordance with the table of information set out below— U.K.

Table of information to be provided by beneficiaries and potential beneficiaries

Description of persons by whom information is to be provided	Description of information to be provided	Period during which information is to be provided
Any potential beneficiary relating to a qualifying pension scheme which has fully wound up.	In relation to that potential beneficiary— (a) such evidence as is necessary to prove that he was either a qualifying member of that scheme or the survivor of such a member; (b) his name, address, date of birth and national insurance number; (c) information from which [F57 his] actual pension, expected pension and interim pension for the purposes of Schedule 2 to the FAS Regulations may be derived.	The period of 6 months beginning on the day on which the scheme manager requested the information or during such longer period as the scheme manager may determine for the provision of that information.
Any beneficiary whose address is changed.	Details of any change in the address of that beneficiary.	(a) Except where paragraph (b) applies, the period of 8 weeks beginning four weeks before the day on which the change will take place; (b) Where the beneficiary was not aware of the change at the beginning of the period referred to in paragraph (a), the period of 8 weeks beginning on the day on which he became aware of the change.
Any qualifying member whose marriage ends in divorce.	Notification of the divorce and a copy of the decree of divorce.	The period of 28 days beginning on the day on which the decree became absolute.
Any qualifying member who has married or remarried.	Notification of the marriage and a copy of the marriage certificate.	The period of 28 days beginning on the day of the marriage or remarriage.
Any qualifying member who enters into a civil partnership.	Notification of the civil partnership and a copy of the civil partnership certificate.	The period of 28 days beginning on the day on which the civil partnership was entered into.
Any qualifying member whose civil partnership is dissolved.	Notification of the dissolution of the civil partnership and a copy of the dissolution certificate.	The period of 28 days beginning on the day of the dissolution.
Where the beneficiary or potential beneficiary terminates the appointment of his appointed representative, or where there is any change in the address of an appointed representative, the beneficiary or potential beneficiary who appointed that appointed representative.	Notification of the termination or of the change in the address of the appointed representative and the date on which the termination or change became effective.	The period of 28 days beginning on the day on which the termination or change became effective.
[F58 Any qualifying member (or that member’s relevant representative within the meaning of regulation 17C of the FAS Regulations ) who makes a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations . ]	[F59 Medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of the FAS Regulations]	[F60 The period of 14 days beginning on the day on which the scheme manager requests the information.]

Textual Amendments

F57 Word in Sch. 2 para. 1 substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 6(5)

F58 Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(3)(a)

F59 Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(3)(b)

F60 Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 11(3)(c)

[F61 2.— (1) This paragraph applies where the scheme manager has made arrangements with a person under paragraph 18 of Schedule 5 to the Act (as modified by Schedule 1 to the FAS Regulations) and the scheme manager has authorised that person to be the person to whom information is to be provided in accordance with these Regulations. U.K.

(2) Where this paragraph applies, beneficiaries and potential beneficiaries shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act.]

Textual Amendments

F61 Sch. 2 para. 2 inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 32(11)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to the information to be provided by, or to, the scheme manager of the financial assistance scheme (“the scheme manager”). Such information is required to be provided both by trustees, managers and other persons acting in relation to occupational pension schemes in respect of which members may qualify for assistance from the financial assistance scheme, and by or on behalf of persons who may be entitled to payments from the financial assistance scheme.

The scheme manager is appointed by the Financial Assistance Scheme Regulations 2005 (S.I.2005/1986) (“the FAS Regulations”) made under section 286 of the Pensions Act 2004 (c. 35). The financial assistance scheme is intended to make payments to, or in respect of, certain members of certain occupational pension schemes where those schemes started to wind up on or after 1st January 1997 but before 6th April 2005, the sponsoring employer of the scheme is insolvent and where the pension scheme is underfunded at a certain level. These Regulations extend to Northern Ireland.

Regulation 3 and Schedule 1 make provision as to the information to be provided by appropriate persons in relation to schemes to the scheme manager and vice versa, and as to the information to be provided by appropriate persons to members of schemes.

Regulation 4 and Schedule 2 make provision as to the information to be provided by beneficiaries or potential beneficiaries to the scheme manager.

Regulation 5 makes provision as to the method of providing information and as to certain details to be included whenever information is provided by beneficiaries or potential beneficiaries to the scheme manager.

Regulation 6 provides that the scheme manager may refuse to make a determination if he has no, insufficient or unsuitable information and requires him to notify the person who provided, or should have provided, the information accordingly.

Regulation 7 makes provision for recovery of overpayments where payments have been made in excess of entitlement under the FAS Regulations and regulation 8 makes provision for monthly instalments to be suspended where there is a doubt over entitlement.

As these Regulations are made before the expiry of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2004 by virtue of which they are made, the requirement for the Secretary of State to consult such persons as he considers appropriate does not apply.

A regulatory impact assessment has not been published for this instrument as it has only a negligible impact on business, charities and voluntary bodies.