The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

Evidence and information required from pension fund holders N.I.

38.—(1) Where a claimant or the claimant's partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under a personal pension scheme, or an occupational pension scheme, such a person must, where the Department so requires, furnish the following information—

(a) the name and address of the pension fund holder;

(b) such other information including any reference or policy number as is needed to enable the personal pension scheme or occupational pension scheme to be identified.

(2) Where the pension fund holder receives from the Department a request for details concerning the personal pension scheme or occupational pension scheme relating to a person to whom paragraph (1) refers, the pension fund holder must provide the Department with any information to which paragraph (3) refers.

(3) The information to which this paragraph refers is—

(a) where the purchase of an annuity under a personal pension scheme or occupational pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme or occupational pension scheme;

(b) in the case of—

(i) a personal pension scheme or occupational pension scheme where income withdrawal is available, the [F1 rate of the annuity which may have been purchased with the funds held under the scheme], or

(ii) a personal pension scheme or occupational pension scheme where income withdrawal is not available, the [F2 rate of the annuity which might have been purchased with the fund] if the fund were held under a personal pension scheme or occupational pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

(4) In this regulation any reference to a claimant is to be interpreted as including a person in a case where it is not a condition of entitlement to benefit that a claim be made for it.

(5) This regulation does not apply to a person claiming personal independence payment.

(6) In this regulation—

“pension fund holder” means, with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators of the scheme concerned;

“personal pension scheme” means—

(a)

a personal pension scheme as defined by section 1 of the Pensions Schemes (Northern Ireland) Act 1993 M1 ;

(b)

an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 M2 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004 M3 ;

(c)

a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases.

Textual Amendments

F1 Words in reg. 38(3)(b)(i) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/218), regs. 1(1), 16(a)

F2 Words in reg. 38(3)(b)(ii) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/218), regs. 1(1), 16(b)

Marginal Citations

M1 1993 c. 49; the definition of “personal pension scheme” was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and amended by Part 3(2) of Schedule 27 to the Finance Act 2007 (c. 11).

M2 1988 c. 1; sections 620 to 622 were repealed by Part 3 of Schedule 42 to the Finance Act 2004 (c. 12) subject to savings provisions in Schedule 36 to that Act.

M3 2004 c. 12.