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Part 2Unauthorised payments

Chapter 1Interpretation

Meaning of “historic payment”, “top-up payment” and “interest payment”

3.—(1) In this Part “historic payment”, “top-up payment” and “interest payment” have the following meanings.

(2) “Historic payment” means a payment of a lump sum under a Chapter 1 legacy scheme to an individual with remediable service(1) where—

(a)an amount of the payment was an unauthorised member payment(2),

(b)the scheme administrator paid the resulting unauthorised payments charge on behalf of the individual, and

(c)as a result of a relevant rectification provision, the amount of the payment that was an unauthorised member payment has reduced.

(3) “Top-up payment” means an unauthorised member payment made under a Chapter 1 scheme on or after 1st October 2023 that is—

(a)made, as a result of a relevant rectification provision, in respect of the same individual and for the same reason as a historic payment, or

(b)an interest payment.

(4) “Interest payment” means a payment of interest, in respect of an amount within paragraph (3)(a), which is payable by virtue of scheme regulations made under section 26 of PSPJOA 2022 in accordance with—

(a)direction 14(5) and (6) of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022(3), or

(b)direction 14(5) and (6) of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023(4).

(1)

“Remediable service” is defined in section 11(7) of the Finance Act 2022.

(2)

Unauthorised member payment” has the meaning given in section 160(2) of the Finance Act 2004.

(3)

The 2022 Directions are available electronically at https://assets.publishing.service.gov.uk/media/6399e9efe90e072aeeadb35b/The_Public_Service_Pensions__Exercise_of_Powers_Compensation_and_Information__Directions_2022.pdf. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at His Majesty's Revenue and Customs, 100 Parliament Street, London SW1A 2BQ.

(4)

The 2023 Directions are available electronically at https://www.finance-ni.gov.uk/sites/default/files/publications/dfp/The-Public-Service-Pensions-Exercise-of-Powers-Compensation-and-Information-Directions-Northern-Ireland-2023.PDF. A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at His Majesty's Revenue and Customs, 100 Parliament Street, London SW1A 2BQ.