PART 1Public service pension schemes
CHAPTER 1Schemes other than judicial schemes and local government schemes
Miscellaneous
28Scheme rules that prohibit unauthorised payments
(1)
Subsection (2) applies where—
(a)
a payment from a Chapter 1 scheme is permitted or required to be made under or by virtue of this Chapter,
(b)
the payment, if made, would be an unauthorised payment, and
(c)
a rule of the scheme prohibits the scheme from making unauthorised payments.
(2)
The payment may be made only if it falls within a description of payments specified for the purposes of this section in Treasury directions.
(3)
In this section “unauthorised payment” means a payment that is an unauthorised payment for the purposes of Part 4 of FA 2004 (see section 160(5) of that Act).