PART 2Amendment of the FAS Regulations

Amendment of regulation 2

4.  In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)in the definition of “annual payment” after “regulation 17” insert “or 17C”;

(ii)at the end of the definition of “beneficiary” insert “and surviving dependants”;

(iii)after the definition of “beneficiary” insert—

““employment” means any trade, business, profession, office or vocation;”;

(iv)omit the definition of “certification date”;

(v)after the definition of “ill health payment” insert—

““indexation date” means—

(a)

the 1st January next falling after a beneficiary first becomes entitled to an annual payment or an ill health payment; and

(b)

each subsequent 1st January during that beneficiary’s lifetime;”;

(vi)after the definition of “multi-employer scheme” insert—

““partner” means a person of either sex who was not married to, or in a civil partnership with, the qualifying member but who was living with that member—

(a)

as if that person and the qualifying member were husband and wife; or

(b)

in the case of two adults of the same sex, as if they were civil partners,

and, for the purposes of these Regulations, two adults of the same sex are to be regarded as living together as civil partners if they would have been regarded as living together as husband and wife were they instead two adults of the opposite sex;

“pension credit member” has the meaning given by section 124(1) of the 1995 Act;”;

(vii)after the definition of “principal employer” insert—

““qualifying course” means a full time educational or vocational course at a recognised educational establishment where in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course exceeds 12 hours per week in normal term time, and shall include any gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course;”;

(viii)after the definition of “scheme manager” insert—

““shared initial payment” means a payment which is not an initial payment and which is the amount payable to a survivor of a qualifying member who was a party to a polygamous marriage in accordance with regulation 18(4B) and paragraph 5(6A) of Schedule 2;

“surviving dependant” shall be construed in accordance with regulation 16B;”;

(ix)for the definition of “survivor” substitute—

““survivor” shall be construed in accordance with regulation 16A;”;

(b)after paragraph (1A) insert—

“(1AB) In paragraph (1A), “the rules of that scheme” means the rules of the occupational pension scheme on the date on which benefits ceased to accrue to that member.”;

(c)in paragraph (7), for “paragraph (8)” substitute “paragraphs (8) and (8A)”;

(d)after paragraph (8) insert—

“(8A) Subject to paragraph (8B), where a beneficiary or a possible beneficiary is a child aged less than 18, the scheme manager may regard—

(a)a parent of the child;

(b)a person with parental responsibility within the meaning of section 3 of the Children Act 1989(1) in relation to the child;

(c)a person with parental responsibility or parental rights under the Children (Scotland) Act 1995(2) in relation to the child; or

(d)a person with parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995(3) in relation to the child,

as the appointed representative of that child.

(8B) Where—

(a)no person referred to in paragraph (8A)(a) to (d) is known to the scheme manager, the scheme manager may appoint a person to act as the appointed representative of a child;

(b)more than one person referred to in paragraph (8A)(a) to (d) wishes to act as the child’s representative for the purposes of these Regulations, the scheme manager may appoint one of those persons as the appointed representative of that child.”; and

(e)after paragraph (9) insert—

“(10) For the purposes of these Regulations, a qualifying member who has died was “a party to a polygamous marriage” if, immediately before the member died, the member—

(a)was a party to a marriage entered into under a law which permits polygamy; and

(b)had more than one spouse.”.