PART 3

Scheme membership
CHAPTER 4

Pensionable earnings

Application for residential benefits in kind to form part of pensionable earnings
37
1
This regulation applies to a person (P) who receives residential benefits in kind.
2
P's employer (E) may apply in writing to the Department asking for the money value of those residential benefits in kind to form part of P's pensionable earnings.
3
The application must be made within 3 months after the later of—
a
the first day of P's employment; or
b
the first day on which residential accommodation is provided to P.
4
The application must be accompanied by a statement certifying that E will—
a
review the value of the residential benefits in kind at the times mentioned in paragraph (5); and
b
inform the Department in writing of the results of each review.
5
E must review the money value of the residential benefits in kind as follows—
a
the first review must be carried out within 2 years after the later of—
i
the first day of P's employment; or
ii
the first day on which residential accommodation is provided to P; and
b
each subsequent review must be carried out within 2 years after the previous review.