The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021

PART 6 Amendments to the National Health Service (Scotland) (Injury Benefits) Regulations 1998

General

55.  The National Health Service (Scotland) (Injury Benefits) Regulations 1998(1) are amended in accordance with regulations 56 to 61.

Amendment of regulation 2

56.—(1) Regulation 2 (interpretation) is amended as follows.

(2) At the appropriate places in the alphabetical order insert—

““scheme partner” has the meaning given in regulation 2C;”,

““surviving scheme partner” has the meaning given in regulation 2D;”.

(3) In the definition of “surviving partner”(2) for “nominated partner” substitute “scheme partner”.

New regulations 2C and 2D

57.  After regulation 2B (civil partnerships and marriage of same sex couples)(3) insert—

Meaning of scheme partner

2C.   A person (“person B”) is the “scheme partner” of a person to whom these regulations apply (“person A”) if—

(a) person A and person B are living together as if they were husband and wife or civil partners,

(b) person A and person B are not prevented from marrying or entering into a civil partnership,

(c) person A and person B are financially interdependent or person B is financially dependent on person A, and

(d) neither person A nor person B is living with a third person as if they were husband and wife or civil partners.

Meaning of surviving scheme partner

2D.   A person (“person B”) is a “surviving scheme partner” of a person to whom these regulations apply (“person A”) if the Scottish Ministers are satisfied that for a continuous period of at least two years, ending with person A’s death, person B was the scheme partner of person A.”.

Amendment of regulation 7

58.  In regulation 7 (surviving partner allowances), for paragraph (3)(4) substitute—

“(3) Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance—

(a) if the marriage took place or the civil partnership was formed after the later of the date on which—

(i) the deceased last ceased to be employed as person to whom these Regulations apply; or

(ii) the earning ability of the deceased was permanently reduced as a result of the injury or disease; or

(b) if the Scottish Ministers are not satisfied that the deceased’s partner was the deceased’s scheme partner for a continuous period of at least two years ending with the later of the dates referred to in (a).”.

Amendment of regulation 8

59.  In regulation 8 (child’s allowance), in paragraph (2)(c), for “nominated partner”(5) substitute “surviving scheme partner”.

Amendment of regulation 9

60.  In regulation 9 (dependent relative’s allowance), in paragraph (1)(a),for “nominated partner’s”(6) substitute “surviving scheme partner’s”.

Amendment of regulation 11

61.  In regulation 11 (lump sum payment on death), in paragraph (1)(b), for “nominated partner”(7) substitute “surviving scheme partner”.

(1)

S.I. 1998/1594. Relevant amending instruments are S.S.I. 1999/444, S.S.I. 1999/195, S.S.I. 2001/437, S.S.I. 2004/212, S.S.I. 2005/445, S.S.I. 2005/512, S.S.I. 2005/544, S.S.I. 2005/2011, S.S.I. 2008/92, S.S.I. 2008/225, S.S.I. 2009/19, S.S.I. 2009/208, S.S.I. 2010/22, S.S.I. 2010/369, S.S.I. 2011/211, S.S.I. 2011/364, S.S.I. 2012/163, S.S.I. 2013/52, S.S.I. 2013/109, S.S.I. 2014/93, S.S.I. 2014/154, S.S.I. 2015/96 and S.S.I. 2017/27.

(2)

The definition of “surviving partner” was inserted by S.S.I. 2008/225.

(3)

Regulation 2C was inserted by S.S.I. 2015/96.

(4)

Paragraph (3) was last substituted by S.S.I. 2008/225.

(5)

The expression “nominated partner” was inserted by S.S.I. 2008/225.

(6)

The expression “nominated partner’s” was inserted by S.S.I. 2008/225.

(7)

The expression “nominated partner’s” was inserted by S.S.I. 2008/225.