The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

• Citation: S.I. 2005/2189
• Sections: 12

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 and shall come into force—

(a) in so far as these Regulations apply in relation to civil partnerships, on 5th December 2005; and

(b) for all other purposes, on 1st September 2005.

(2) These Regulations extend to Northern Ireland .

Section 2 Interpretation

(1) In these Regulations—

“the 2009 Regulations ” means the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009;

“ the Act ” means the Pensions Act 2004;

“ the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005;

...

“ appropriate person ” means, in relation to an occupational pension scheme—

a trustee or manager of the scheme or, where the scheme has fully wound up, a former trustee or manager of that scheme;

a professional adviser in relation to the scheme or, where the scheme has fully wound up, a former professional adviser in relation to that scheme;

in relation to a scheme which has fully wound up, any insurance company which is paying annuities to former members of that scheme; and

any other person appearing to the scheme manager to be a person who holds, or is likely to hold, information relevant to—

whether an occupational pension scheme is a qualifying pension scheme; or

a qualifying member's entitlement to an annual payment under the FAS Regulations and the amount of such a payment;

“ beneficiary ” means a qualifying member or, after his death, his survivor and surviving dependants ;

“ member ” includes—

a person who was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up where—

that payment was attributable to the pensionable service of a former member of that scheme who has died; and

the scheme’s pension liabilities in respect of that person have not been satisfied in full;

a person who is entitled to, but not in receipt of, a present payment from a qualifying pension scheme where that payment would have been attributable to the pensionable service of a former member of that scheme who died on or after the day on which the scheme began to wind up; and

a person who became a pension credit member of the scheme on or after the day on which the scheme began to wind up,

and for the purposes of this definition, the day on which the scheme began to wind up shall be determined in accordance with regulation 3 of the FAS Regulations;

“ normal retirement age ” means, except in paragraph 1(3) of Schedule 1, in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire;

“ personal representative ” means the executor, original or by representation, or administrator for the time being of a deceased person;

“potential beneficiary” means any person

in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 is to be provided to in accordance with regulation 3(3)(a) to the scheme manager or a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act ; but

who has not yet been determined to be a beneficiary;

“ qualifying member ” shall be construed in accordance with regulation 15 of the FAS Regulations;

“ qualifying pension scheme ” shall be construed in accordance with regulation 9 of the FAS Regulations;

“ scheme manager ” shall be construed in accordance with regulation 5 of the FAS Regulations;

“scheme’s pension liabilities”, in respect of a member of a qualifying pension scheme, means the liabilities of the scheme to, or in respect of, the member in respect of pensions or other benefits (including increases in pensions);

“surviving dependant” shall be construed in accordance with regulation 16B of the FAS Regulations ;

“survivor” shall be construed in accordance with regulation 16A of the FAS Regulations ;

and other expressions have the meaning given to them in the Pensions Act 2004 or, as the case may be, in the Pensions (Northern Ireland) Order 2005 .

(1A) In the definition of “normal retirement age” in paragraph (1), “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.

(1B) Subject to paragraph (1C), in these Regulations “appointed representative” means a person—

(a) whose name and address, and those appointment by a beneficiary or potential beneficiary for the purposes of providing information to the scheme manager under regulation 4, have been notified to the scheme manager in a document signed by the beneficiary or potential beneficiary in question or by the legal representative of the beneficiary or potential beneficiary; and

(b) whose appointment has been consented to by the scheme manager.

(1C) Subject to paragraph (1D), where a beneficiary or a potential 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 in relation to the child;

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

as the appointed representative of that child.

(1D) Where—

(a) no person referred to in paragraph (1C)(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 (1C)(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.

(1E) In—

(a) regulation 3(3)(a) (information to be provided by, and to, appropriate persons);

(b) regulation 4 (information to be provided by beneficiaries and potential beneficiaries and their personal representatives);

(c) regulation 5 (method of providing information);

(d) regulation 6(1) (insufficient or unsuitable information); and

(e) paragraph 1(2) of Schedule 1 (information to be provided by appropriate persons),

a reference to the scheme manager includes a reference to a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act and who is authorised by the scheme manager to be the person to whom information is to be provided in accordance with these Regulations.

(2) For the purposes of the definition of “appropriate person” in paragraph (1), “ insurance company ” means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in this paragraph, “ contracts of long-term insurance ” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .

(3) Paragraph (2) shall be read with—

(a) section 22 of Financial Services and Markets Act 2000 (regulated activities);

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.

Section 3 Information to be provided by, and to, appropriate persons

(1) Where the scheme manager has been notified in accordance with regulation 14 of the FAS Regulations that an occupational pension scheme may be a qualifying pension scheme, an appropriate person shall provide such information to the scheme manager as is necessary for it to determine whether the scheme is a qualifying pension scheme for the purposes of Part 3 of the FAS Regulations, within the period of 6 months beginning on the day on which the scheme manager requests that information or within such longer period as the scheme manager may determine.

(2) Where the scheme manager has determined whether or not an occupational pension scheme is a qualifying pension scheme, it shall, no later than 14 days after making that determination—

(a) notify the relevant appropriate person relating to that scheme, in writing, of that determination; and

(b) where the determination is that the scheme is not a qualifying pension scheme, notify that person in writing of the reasons for that determination.

(3) Where the scheme manager has determined that an occupational pension scheme is a qualifying pension scheme, the information to be provided to—

(a) the scheme manager; or

(b) all potential beneficiaries,

by an appropriate person shall be determined in accordance with the provisions of Schedule 1.

Section 4 Information to be provided by beneficiaries and potential beneficiaries and their personal representatives

(1) The information to be provided to the scheme manager by beneficiaries and potential beneficiaries shall be determined in accordance with the provisions of Schedule 2.

(2) Where a beneficiary or a potential beneficiary dies, his personal representative shall, within the period of 28 days beginning with the date of the death, notify the scheme manager of the death and provide a copy of the death certificate to the scheme manager.

Section 5 Method of providing information

(1) Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing.

(1A) Where, under these Regulations, any information is to be provided to the scheme manager, that information shall be provided in such manner and form as the scheme manager may request.

(2) Where, under these Regulations—

(a) any information is to be provided to the scheme manager by any beneficiary or potential beneficiary; and

(b) there is an appointed representative in relation to that beneficiary or potential beneficiary,

that information shall be provided by or to his appointed representative.

(3) Any document sent, or notification given, by an appropriate person to the scheme manager under regulation 3(1) or (3) and Schedule 1 shall include—

(a) the names of the persons sending the document or giving the notification;

(b) the name of the scheme to which the document or notification relates; and

(c) the pension scheme registration number which is allocated to that scheme in the register.

(4) Any document sent, or notification given, to the scheme manager by any beneficiary or potential beneficiary under regulation 4(1) and Schedule 2, or by the personal representative of a such a person under regulation 4(2), shall include, in relation to that person—

(a) the name, address, date of birth and national insurance number of that person;

(b) where the beneficiary or potential beneficiary concerned is, or purports to be, a survivor or surviving dependant , the name and date of birth of the qualifying member from whom that person has accrued pension rights;

(c) the name of the employer in relation to the scheme in which that qualifying member's pension rights accrued; and

(d) the address or location of a place of business of that employer.

Section 6 Insufficient or unsuitable information

(1) Where the scheme manager—

(a) has not been provided with the information or evidence required to be provided to it under regulation 3(1) or (3) or 4(1) or Schedule 1 or 2 within the period allowed for in that regulation or those Schedules;

(b) is of the opinion that it has insufficient information or evidence; or

(c) has been provided with such information or evidence but in an inappropriate form or manner,

the scheme manager may , at any time after the expiry of the relevant period prescribed in that regulation or those Schedules, refuse to make a determination in relation to the matters in respect of which that information and evidence was, or was to have been, provided and shall notify the person who provided, or was to have provided, the information and evidence in writing accordingly.

(2) The scheme manager shall only be bound to make a determination in relation to the matters specified in paragraph (1) once it receives the information or evidence or receives it in an appropriate form or manner.

Section 7 Recovery of overpayments

(1) The scheme manager shall be entitled to recover the amount of any payment made to any person, in excess of the beneficiary's entitlement any entitlement, under Part 5 of the FAS Regulations where it has been determined that an amount has been so paid.

(2) An amount recoverable under paragraph (1) is recoverable from—

(a) the beneficiary (or other person to whom such a payment was made) ;

(b) his the beneficiary’s appointed representative for the purposes of the FAS Regulations; or

(c) the beneficiary's estate (or the estate of any other person to whom such a payment was made) .

(3) An amount recoverable under paragraph (1) may, without prejudice to any other method of recovery, be recovered by abating future payments made under Part 5 of the FAS Regulations.

(4) An amount recovered by the scheme manager under paragraph (1) must be paid to the Secretary of State.

Section 8 Suspension of payments

(1) Payment of ... instalments under regulation 19 of the FAS Regulations may be suspended, in whole or in part, where the scheme manager is of the opinion that a beneficiary person receiving payments may not be entitled to receive payments under those Regulations.

(2) The suspension in paragraph (1) shall continue until such time as the scheme manager is satisfied as to the beneficiary's that person’s entitlement to a payment under those Regulations.

Section 1

(1) In this Schedule, “ notification date ” means the day on which the scheme manager notifies the appropriate person that it has determined that a scheme is a qualifying pension scheme.

(2) Subject to sub-paragraph (2A), Information to be provided to the scheme manager or all potential beneficiaries by appropriate persons shall be determined in accordance with the table of information set out below—

Table of information to be provided by appropriate persons

Details of any change in the address or telephone number—

in relation to a qualifying pension scheme which is winding up, of the trustees or managers of the scheme;

in relation to a qualifying pension scheme which has wound up, of the appropriate person who has responsibility for providing information to the scheme manager.

In relation to each member or former member or any survivor or surviving dependant of a member or former member, of a qualifying pension scheme to whom, or in respect of whom, a payment might be made under the FAS Regulations—

his full name;

his date of birth;

his address and telephone number;

his national insurance number;

where that member or former member has died, the date of his death;

his marital or civil partnership status;

such information as is necessary to determine if the member or former member has a survivor or any surviving dependants;

such evidence as is necessary to prove that the member or former member is, or was, a member of that scheme;

his normal retirement age;

information necessary to determine the amount of pension to which he would have been entitled from the scheme if the scheme's liabilities to the member or former member had been satisfied in full;

where applicable, the annual rate of annuity which can be purchased for him with the assets available to be used to discharge the liability of the scheme to him, after the liabilities of the scheme have been determined in accordance with section 73 of the Pensions Act 1995 or Article 73 of the Pensions (Northern Ireland) Order 1995 (preferential liabilities on winding up) or, where that section or Article does not apply, the rules of that scheme;

where applicable, the annual rate of annuity which has been purchased for or in respect of a beneficiary or potential beneficiary, the amount paid for that annuity, the date on which it was purchased and the name, address and telephone number of the annuity provider;

where applicable, information detailing whether a purchased annuity included revaluation, indexation or payments at or in respect of ages other than normal retirement age and if so, the relevant rate secured and the dates at which such payments or increases are payable;

where applicable, the amount of any transfer payment, interim pension or lump sum (including any winding-up lump sum) made after the day on which the scheme began to be wound up and the dates on which those amounts were paid;

where applicable, any amount paid to restore the state scheme rights of a member or former member of the scheme and the date on which that amount was paid;

the sum which is available to be used to discharge the liability of the scheme to him when the scheme is fully wound up; and

where the information referred to in paragraphs (i) to (k) cannot be provided or where that information might be inappropriate or inaccurate in a particular case or will not be sufficient to enable a reviewable determination to be made , such other information from which the amount of his actual pension, expected pension and interim pension for the purposes of Schedule 2 or Schedule 2A to the FAS Regulations may be derived.

Details of any—

legal actions or proceedings;

contemplated legal actions or proceedings;

complaints made, or disputes or questions referred, to the Pensions Ombudsman under Part 10 of the Pension Schemes Act 1993 or, as the case may be, Part 10 of the Pension Schemes (Northern Ireland) Act 1993; or

arbitration, dispute resolution procedures or negotiations intended to lead or leading to a settlement or compromise of any legal action or proceeding,

relating to a qualifying pension scheme.

The latest of—

the period of 28 days beginning on the day on which the 2009 Regulations come into force;

the period of 28 days beginning on the notification date; or

the period of 28 days beginning on the day on which the appropriate person becomes aware of any of the matters in the second column.

Details of—

the assets of the qualifying pension scheme (including any assets representing the value of any rights in respect of money purchase benefits under scheme rules) including the value of those assets;

the amount of any debt due from the employer under section 75 of the Pensions Act 1995 or Article 75 of the Pensions (Northern Ireland) Order 1995;

the amount of any significant debt due to the scheme which is not a debt within paragraph (b);

any amounts due to the trustees or managers of the scheme following the issue of a contribution notice under section 38, 47 or 55 of the Act or Article 34, 43 or 51 of the Pensions (Northern Ireland) Order 2005;

any financial support direction issued under section 43 of the Act or Article 39 of the Pensions (Northern Ireland) Order 2005 in relation to the scheme;

any restoration order made under section 52 of the Act or Article 48 of the Pensions (Northern Ireland) Order 2005 in respect of a transaction involving assets of the scheme; and

the amount of any contributions expected to be made towards the scheme and the person from whom the contributions are expected.

The period of 28 days beginning on the later of—

the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 came into force;

the notification date;

the day on which the appropriate person became aware of any debt referred to in paragraph (c) in the second column or the amount of any contributions referred to in paragraph (g) in the second column,

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

(2A) Where the scheme manager is satisfied that some or all of the information to be provided in accordance with the table in sub-paragraph (2) is not relevant to the exercise of its functions, it may determine that any such information need not be provided.

(3) Subject to sub-paragraphs (3A) and (4), the period for information to be provided in relation to each member or former member or any survivor or surviving dependant of a member or former member of a qualifying pension scheme is—

(a) in relation to each member or former member who has not attained normal retirement age on or before the date which is 6 months after the date on which the 2009 Regulations come into force, the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age;

(b) in relation to each member or former member who has attained normal retirement age on or before the date on which the 2009 Regulations come into force, the period ending 3 months after that date;

(c) in relation to any survivor or surviving dependant for or in respect of whom an annuity has been purchased and is in payment before the date on which the 2009 Regulations come into force, the period ending 3 months after those Regulations come into force; or

(d) in relation to any survivor or surviving dependant of a qualifying member who dies after the date on which the 2009 Regulations come into force, the period ending one month after the day on which the appropriate person became aware that the qualifying member has died.

(3A) Where—

(a) accurate information of the description specified in the table in sub-paragraph (2) can be provided before the period determined in accordance with sub-paragraph (3), the period for information to be provided is the period ending as soon as that accurate information can be provided;

(b) the scheme manager determines that the information can be, and should be, provided in a period other than the period determined in accordance with sub-paragraph (3), scheme manager may determine the period for the provision of that information; and

(c) information has been requested by the scheme manager in accordance with these Regulations before the date on which the 2009 Regulations come into force, the information shall be provided by the date determined by the scheme manager in that request.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 2

(1) This paragraph applies where the scheme manager has made arrangements with a person under paragraph 18 of Schedule 5 to the Act (as modified by Schedule 1 to the FAS Regulations ) and the scheme manager has authorised that person to be the person to whom information is to be provided in accordance with these Regulations.

(2) Where this paragraph applies, appropriate persons shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act .

Section 1

Information to be provided by beneficiaries and potential beneficiaries to the scheme manager shall be determined in accordance with the table of information set out below—

Table of information to be provided by beneficiaries and potential beneficiaries

In relation to that potential beneficiary— (a) such evidence as is necessary to prove that he was either a qualifying member of that scheme or the survivor of such a member;

his name, address, date of birth and national insurance number;

information from which his actual pension, expected pension and interim pension for the purposes of Schedule 2 to the FAS Regulations may be derived.

(a) Except where paragraph (b) applies, the period of 8 weeks beginning four weeks before the day on which the change will take place;

(b) Where the beneficiary was not aware of the change at the beginning of the period referred to in paragraph (a), the period of 8 weeks beginning on the day on which he became aware of the change.

Section 2

(1) This paragraph applies where the scheme manager has made arrangements with a person under paragraph 18 of Schedule 5 to the Act (as modified by Schedule 1 to the FAS Regulations ) and the scheme manager has authorised that person to be the person to whom information is to be provided in accordance with these Regulations.

(2) Where this paragraph applies, beneficiaries and potential beneficiaries shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act .