The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008

PART 3 Amendment of the FAS Information and Payments Regulations

Amendment of the FAS Information and Payments Regulations

16.  The FAS Information and Payments Regulations are amended in accordance with this Part.

Amendment of regulation 2

17.  In the definition of “normal retirement age” in regulation 2(1) (interpretation) after “means,” insert “except in paragraph 1(3) of Schedule 1,”.

Amendment of Schedule 1

18.  In paragraph 1 of Schedule 1 (information to be provided by appropriate persons)—

(a) in sub-paragraph (2)—

(i) in paragraph (l) in column 2 of the fourth item of the table, after “Schedule 2” insert “or Schedule 2A”; and

(ii) for the words in column 3 of the fourth item of the table substitute “In accordance with sub-paragraphs (3) and (4).”;

(b) after sub-paragraph (2) insert—

“(3) Subject to sub-paragraphs (4) to (6), the period for information to be provided in relation to—

(a) each member or former member who has not attained normal retirement age on the date which is 6 months after the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force is—

(i) the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age; and

(ii) where the scheme manager requests the information (regardless of whether or not the information was provided in accordance with sub-paragraph (i)), the period of 3 months beginning on the day on which the request was made,

or such longer period as the scheme manager may determine for the provision of that information;

(b) each member or former member who has attained normal retirement age on the date referred to in paragraph (a) or any survivor of a member or former member, is the period of 3 months beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

(4) Where the information is to be provided in relation to a person who is terminally ill or unable to work due to ill health, the period is the period of 14 days beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

(5) A request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) where it relates to information which has not been provided within the period determined under sub-paragraph (3)(a)(i).

(6) Where a request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) by virtue of sub-paragraph (5), the period for the information to be provided shall be determined by the scheme manager.

(7) In sub-paragraphs (3) and (4), “normal retirement age” and “terminally ill” have the meanings given by the FAS Regulations.”.