PART 2Early payment of compensation

Circumstances where a person shall be entitled to early payment of compensation2

1

The conditions subject to which a person may become entitled to—

a

periodic compensation under paragraphs 11 or 15; or

b

lump sum compensation under paragraphs 14 or 19,

of Schedule 7 to the Act before he attains normal pension age are those prescribed in the following paragraphs of this regulation.

2

Those conditions are—

a

that the person has given notice to the Board, in accordance with paragraph (3), that he wishes to receive that compensation before he attains normal pension age; F7...

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that on the date on which the compensation is to become payable early the person has attained—

i

except in a case to which paragraph (ii) applies, normal minimum pension age as defined in section 279(1) of the 2004 Act;

ii

in a case where the person has a protected pension age of less than 50 by virtue of paragraph 22 of Schedule 36 to the 2004 Act (rights to take benefit before normal minimum pension age), the age of 50F8; and

c

where regulation 29 (variable-rate schemes which provide for a decrease in annual rate of pension: modification of Schedule 7 to the Act) applies to the scheme and the notice referred to in sub‑paragraph (a) relates, in whole or in part, to compensation in respect of a pension which falls within regulation 28(1)(b), that the notice—

i

relates to both the compensation in respect of the basic element and that in respect of the bridging element; and

ii

specifies the same date in relation to both for the purposes of paragraph (3)(a)(iii).

3

The notice referred to in paragraph (2)(a)—

a

must include—

i

the person's name, address, date of birth and national insurance number;

F1ii

the name of the scheme for which the Board has assumed responsibility (“the relevant scheme”); and

iii

the date on which the person would like the compensation to become payable earlyF2; and

b

must not be given before the date on which the Board assumes responsibility for the relevant scheme; and

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