The Local Government (Discretionary Payments) (Amendment) Regulations 1998

• Citation: S.I. 1998/559
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government (Discretionary Payments) (Amendment) Regulations 1998 and shall come into force on 31st March 1998 but paragraphs (a), (b), (d), (e), (g) and (h) of regulation 2 shall have effect from 25th July 1996.

(2) In these Regulations “the principal Regulations ” means the Local Government (Discretionary Payments) Regulations 1996 .

Section 2 Amendments to the principal Regulations

The principal Regulations shall be amended as follows—

(a) in regulation 8(1), by inserting after the words “not exceeding” the words “the shortest of”;

(b) in regulation 11—

(i) in paragraph (1)(c)(ii), by substituting for the reference “regulation D6(2)” the reference “regulation D6(1)”, and

(ii) in paragraph (2)(b), by substituting for the figure “66” the figure “66⅔”;

(c) in regulation 20—

(i) in paragraph (3), by substituting for the words from “calculated as if the amount” to the end of the paragraph the words—

if he is entitled to a surviving spouse’s pension under the LGPS Regulations (or would be so entitled apart from the matters mentioned in paragraph (1)(b)).

(ii) in paragraph (4), by inserting after the words “a surviving spouse who is entitled to short-term or long-term compensation by virtue of this regulation” the words “and who is the surviving spouse of an eligible person who ceased employment before 1st April 1998”,

(iii) in paragraph (5), by inserting after the words “short-term or long-term compensation under this regulation” the words “and is the surviving spouse of an eligible person who ceased employment before 1st April 1998”, and

(iv) by adding as paragraph (6) the following—

(6) The employing authority may determine by resolution in any case that paragraph (4) or (5), as appropriate, shall not apply.

(d) in regulation 31, by substituting for paragraph (2) the following—

(2) Subject to paragraph (2A), the appropriate authority in relation to any person who is entitled to any compensation under this Part may agree with the employing authority to pay any compensation arising in respect of that person on their behalf and to recover the amount from them within such period (subject to paragraph (2B)) and on such terms as the appropriate authority may determine.

(2A) Compensation payable in the form of a lump sum may not be paid from the pension fund maintained by the appropriate authority under the LGPS Regulations.

(2B) The amount of any other compensation paid by an appropriate authority on behalf of the employing authority from the pension fund must be recovered from the employing authority within a period of two months from the payment.

(e) in regulation 44, by substituting “, Part III” for “and Part III” and adding the following at the end—

and Part IV of that Schedule as to coroners.

(f) by substituting for the table in Schedule 1 the following—

TABLE

(g) in paragraph 4 of Schedule 2, by substituting for the reference “regulation 4(3)” the reference “regulation 4(1)”; and

(h) by adding the following as Part IV of Schedule 2—

Coroners

(10) In relation to coroners, regulations 6(1)(d), 8(1)(b) and 17(1)(b) shall have effect as if for the number 65 there were substituted the number “70”.

Section 3 Retrospective effect

Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in if regulation 2 had been framed so as to have effect only from the date of its making.