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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 No. 580 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060580.html

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"the 1993 Act" means the Pensions Act 1993[2];

"the 2004 Act" means the Finance Act 2004[3];

"appropriate personal pension scheme" means a personal pension scheme that is an appropriate scheme for the purposes of section 7(4)[4] (issue of contracting-out and appropriate scheme certificates) of the 1993 Act;

"base rate" means the rate for the time being quoted by the reference banks as applicable to sterling deposits or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted at each bank is ranked in a descending sequence of four, is the first in the sequence;

"beneficiary" means a person entitled to PPF compensation;

"the Compensation Regulations" means the Pension Protection Fund (Compensation) Regulations 2005[5];

"dependant" means—

(a) a child of the family who is financially dependent on the person, and who is aged less than 18; or

(b) a child of the family who is financially dependent on the person, who is aged less than 23 and who is either—


(i) attending a qualifying course; or

(ii) incapable of engaging in full time paid employment due to a condition that falls within the definition of a disability under the Disability Discrimination Act 1995[6];

"the Entry Rules Regulations" means the Pension Protection Fund (Entry Rules) Regulations 2005[7];

"family" means a person's spouse, civil partner or relevant partner and any dependants;

"the FSMA" means the Financial Services and Markets Act 2000[8];

"lump sum compensation" means—

(a) any lump sum compensation payments made in relation to a person, payable under the pension compensation provisions specified in section 162(2) of the Act (the pension compensation provisions); or

(b) any lump sum payments made in relation to a person, payable under section 166 of the Act (duty to pay scheme benefits unpaid at assessment date etc.);

"normal minimum pension age" has the meaning given in section 279 of the 2004 Act (other definitions);

"normal pension age" has the meaning given in section 180 of the 1993 Act (normal pension age);

"pension annuity" means an annuity that can—

(a) only be purchased at, or after, normal minimum pension age;

(b) be purchased before normal pension age where the scheme rules so provide in accordance with paragraph 22(4) of Schedule 36 to the 2004 Act[9] (rights to take pension before minimum pension age); or

(c) be purchased after normal pension age where the scheme rules so provide;

"periodic compensation" means—

(a) any periodic compensation payments made in relation to a person, payable under the pension compensation provisions specified in section 162(2) of the Act; or

(b) any periodic payments made in relation to a person, payable under section 166 of the Act;

"PPF compensation" means any payments made under the pension compensation provisions as specified in section 162 of the Act;

"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;

"reference banks" means the four largest persons for the time being (by reference to gross assets)[10] who—

(a) have permission under Part 4 of the FSMA (permission to carry on regulated activities) to accept deposits; and

(b) are incorporated in the United Kingdom and carrying on there a regulated activity of accepting deposits, and quote a base rate applicable to sterling deposits;

"registered pension scheme" has the meaning given in section 150(2) of the 2004 Act (meaning of pension scheme);

"relevant partner" means a person of either sex who is not married to, or in a civil partnership with, the member—

(a) who is living with the member as if that person and the member are husband and wife; or

(b) in the case of two adults of the same sex, as if they are 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 be regarded as living together as husband and wife were they instead two adults of opposite sex;

"stakeholder pension scheme" has the meaning given in section 1 of the Welfare Reform and Pensions Act 1999 (meaning of "stakeholder pension scheme")[11];

"trivial commutation lump sum" has the meaning given in paragraph 7 of Schedule 29 to the 2004 Act (trivial commutation lump sum).

    (3) In paragraph (2), sub-paragraph (b) of the definition of "reference banks" must be read with—

(a) section 22 of the FSMA (the classes of activity and categories of investment);

(b) any relevant order under that section; and

(c) Schedule 2 to the FSMA (regulated activities).

the Board may modify that term of that contract so that benefit under that contract shall be payable to the Board.

Power to treat death in service lump sum benefits as having become payable before the assessment date
     3. Where—

(a) a member of an eligible scheme died before the commencement of the assessment period in relation to the scheme;

(b) during the period mentioned in section 163(2)(a) of the Act (adjustments to be made where the Board assumes responsibility for a scheme), a person became entitled under the scheme rules to a death in service lump sum benefit in respect of that member; and

(c) that death in service lump sum benefit is calculated and paid by the trustees or managers of the eligible scheme on, or after the assessment date but before the date the trustees or managers receive the transfer notice in respect of that scheme,

for the purposes of section 163(2) of the Act, that death in service lump sum benefit shall be treated as having become payable before the assessment date.

Power to pay death in service lump sum benefits
     4. Where—

(a) a member of an eligible scheme died before the commencement of the assessment period in relation to the scheme; and

(b) during the period beginning with the assessment date and ending with the receipt by the trustees or managers of the transfer notice, a person became entitled under the scheme rules to a death in service lump sum benefit in respect of that member,

that person's entitlement to that benefit shall, for the purposes of section 166(2) of the Act (duty to pay scheme benefits unpaid at assessment date), be treated as having arisen before the assessment date.

Interest on overpayments and underpayments created during the assessment period
     5. The prescribed rate of interest for the purposes of—

(a) section 163(4)(a) of the Act (adjustments to be made where the Board assumes responsibility for a scheme); and

(b) section 163(4)(b) of the Act,

shall be the base rate.

Circumstances where the Board is not required to recover overpaid scheme benefits
     6. —(1) Where the Board determines that an amount referred to in section 163(4)(a) of the Act has been paid to a member, or to a person in respect of a member, it shall notify that member or person in writing that—

(a) it has so determined;

(b) it has a duty to recover that amount; and

(c) if the person in receipt of that amount believes that recovery of that amount would cause hardship to that member or person with a right to scheme benefits, or his family he should—


(i) notify the Board in writing that he believes that hardship would be so caused ("the hardship notification") within one month of the date the Board notifies him that such an amount has been paid to him; and

(ii) provide any supporting evidence to the Board that hardship would be so caused within one month of the date of the hardship notification.

    (2) Where the Board receives a hardship notification in accordance with paragraph (1)(c)(i), it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii), whether recovery of the overpayment would cause hardship to—

(a) the member or the member's family; or

(b) in the case of a person who was in receipt of scheme benefits in respect of a member, to that person with a right to scheme benefits, or that person's family.

    (3) Where recovery would cause such hardship, the Board shall not recover that amount.

    (4) The Board is not required to recover such an amount where recovery would not be conducive to the prudent management of its financial affairs.

Manner of discharge of liabilities in respect of money purchase benefits
     7. —(1) Subject to regulation 8, in respect of a case to which section 170(1) of the Act (discharge of liabilities in respect of money purchase benefits) applies, the Board must secure that liabilities in respect of money purchase benefits transferred to the Board under section 161 are discharged (or in the case of protected rights, given effect to) by way of—

(a) a transfer payment to—


(i) in the case of—


(aa) protected rights, an appropriate personal pension scheme; or

(bb) rights that are not protected rights, a personal pension scheme[12]; or



(ii) an occupational pension scheme[13];



(b) the purchase of a pension annuity;

(c) the taking out of a policy of insurance or a number of such policies;

(d) assuring the benefits of a policy of insurance or a number of such policies; or

(e) in the circumstances described in regulation 9, a trivial commutation lump sum payment.

    (2) Where a person is entitled under the scheme rules to money purchase benefits which include protected rights and rights which are not protected rights, the Board may discharge such rights together where it discharges those rights as if all those rights were protected rights.

    (3) Any transfer payment made in relation to protected rights (or, if a transfer payment gives effect to both protected rights and rights which are not protected rights, that part of it which gives effect to protected rights)—

(a) shall be of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act[14] (calculation of cash equivalents); and

(b) may only be made, where the appropriate personal pension scheme, personal pension scheme or occupational pension scheme is a stakeholder pension scheme, with the written consent of the member.

Further provision for discharge of liabilities in respect of money purchase benefits
     8. —(1) In respect of a case to which section 170(1) of the Act applies, before the expiry of a period of three months beginning on the date that the Board assumes responsibility for the scheme in accordance with section 161 of the Act, the Board shall give notice in writing to any person who is entitled under the scheme rules to money purchase benefits ("the money purchase beneficiary")—

(a) of the existence of those liabilities in relation to such benefits;

(b) of the manner in which those liabilities, may be discharged by the Board in accordance with regulation 7;

(c) that the money purchase beneficiary may wish to seek independent financial advice;

(d) that the money purchase beneficiary may, before the expiry of a period of three months beginning on the date of the notice, inform the Board in writing of the manner in which he wishes those liabilities to be discharged (being a manner consistent with regulation 7); and

(e) that should the money purchase beneficiary not inform the Board in accordance with sub-paragraph (d) of the manner in which he wishes those liabilities to be discharged, the Board will discharge those liabilities as it sees fit, in accordance with these Regulations.

    (2) Where the money purchase beneficiary informs the Board in accordance with paragraph (1)(d) that he wishes the liabilities relating to his money purchase benefits to be discharged in a specified manner, the Board shall request in writing any further information it may require in order for it to discharge those liabilities in the manner so specified.

    (3) Subject to the requirements of regulation 9 in relation to trivial commutation, where the money purchase beneficiary has provided sufficient information for the Board to discharge the liabilities in relation to that beneficiary in respect of money purchase benefits, the Board shall, within a reasonable period, discharge those liabilities in the manner so requested.

    (4) Where it is not possible to discharge money purchase liabilities in relation to a money purchase beneficiary in accordance with paragraph (3), the Board shall discharge those liabilities in accordance with regulation 7(1).

    (5) Where the money purchase beneficiary dies before the Board discharges those liabilities in relation to that beneficiary, the Board shall discharge those liabilities—

(a) in the case of money purchase benefits that are protected rights—


(i) where there is a widow, widower or surviving civil partner, by the purchase of an annuity; or

(ii) where there is no widow, widower or surviving civil partner to the money purchase beneficiary's estate;



(b) in the case of money purchase benefits that are not protected rights—



(i) where there is a widow, widower or surviving civil partner, under the rules of the scheme within the limits specified in regulation 7(1); or

(ii) where there is no widow, widower or surviving civil partner, in accordance with paragraph 15 of Schedule 29 to the 2004 Act (uncrystallised funds lump sum death benefit).

Trivial commutation
     9. The Board may discharge its liabilities in respect of money purchase benefits by way of a trivial commutation lump sum payment where this lump sum is paid in accordance with the requirements of paragraph 7 of Schedule 29 to the 2004 Act (registered pension schemes: authorised lump sums - trivial commutation lump sum).

Method of payment
     12. —(1) Subject to paragraphs (2) and (3), PPF compensation shall be paid by way of automated credit transfer into a bank or other account held in the name of the beneficiary.

    (2) Where it is not possible for the Board to pay PPF compensation into an account specified in paragraph (1), the Board may pay PPF compensation by way of automated credit transfer into a bank or other account held in the joint names of the beneficiary and his spouse or civil partner.

    (3) Where it appears to the Board that—

(a) there has been a failure in the automated credit transfer system in relation to a payment of PPF compensation; or

(b) the beneficiary does not have a bank or other account held in his own name or in the joint names of him and his spouse or civil partner into which an automated credit transfer could be made,

PPF compensation may be paid by such other method of payment as appears to the Board to be appropriate to the beneficiary.

Payment of periodic compensation by instalments
     13. Periodic compensation shall be paid in instalments of no more than 52 in a year.

Fractional amounts in the calculation of periodic compensation payments
     14. Where periodic compensation paid by the Board in accordance with regulation 13 would, but for this regulation, include a fraction of a penny, that fraction shall be rounded—

(a) up to the nearest penny if the fractional amount is 0.5 or more; or

(b) down to the nearest penny if the fractional amount is less than 0.5.

Payments of PPF compensation to a third party
     15. —(1) Subject to paragraph (2), where required to do so by any—

(a) court order; or

(b) enactment (including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

the Board shall make payments of PPF compensation on behalf of a beneficiary, to a third party, in accordance with the terms of that court order or enactment.

    (2) Payments made under paragraph (1) shall be limited to the maximum of the PPF compensation entitlement of the beneficiary to whom the order or enactment relates.

Recovery of PPF compensation overpayments
     16. —(1) Where the Board determines that an amount referred to in section 168(2)(e) of the Act (administration of compensation) has been paid to a person, it shall notify that person in writing that—

(a) it has so determined;

(b) it is considering whether to recover that amount; and

(c) if the person in receipt of that amount believes that recovery of the overpayment would cause hardship to him or his family then he should—


(i) notify the Board in writing within one month of the date the Board informs him that such an overpayment has been made; and

(ii) provide any supporting evidence to the Board within one month of the notification specified in sub-paragraph (c)(i).

    (2) Where the Board receives a hardship notification in accordance with paragraph (1)(c)(i), it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii), whether recovery of that amount would cause hardship to the person to whom the overpayment has been made, or his family.

    (3) Where recovery would cause such hardship, the Board shall not recover that amount.

    (4) The Board is not required to recover an amount overpaid where recovery would not be conducive to the prudent management of its financial affairs.

    (5) The Board may determine that such an amount paid in excess of entitlement shall be recovered—

(a) as a lump sum from a person to whom the that amount has been made; or

(b) where the person to whom that amount is paid is a beneficiary—


(i) as a lump sum from any payment of PPF compensation to which that beneficiary is entitled; or

(ii) from that beneficiary by adjusting the amount of the instalments of future periodic compensation.

    (6) Interest may be charged on an amount determined to be recoverable at the base rate for the period which begins when the amount paid in excess of entitlement was first made and ends with the recovery of the whole of the amount.

Underpayments
     17. Where it has been determined by the Board that a beneficiary has been paid less than his entitlement to PPF compensation, the Board shall pay an amount to that beneficiary equal to—

(a) the amount of the shortfall; and

(b) interest on that amount, calculated at the base rate from the date on which the underpayment should have been paid by the Board, to the date on which the Board pays the total amount of the shortfall.

Suspension of payment of periodic compensation
     18. —(1) The Board may suspend payment of periodic compensation to a person—

(a) where—


(i) correspondence is returned to the Board from the last known address of that person; and

(ii) the Board is unable to contact that person following reasonable enquiries;



(b) where the Board determines that a person is obtaining, attempting to obtain, or may be attempting to obtain PPF compensation to which he is not entitled; or

(c) an automated credit transfer payment in respect of a beneficiary's entitlement to periodic compensation cannot be completed.

    (2) The Board shall resume payments of periodic compensation to a person where in the opinion of the Board—

(a) the matter that led to the suspension has been resolved to the satisfaction of the Board; and

(b) it is reasonable for the Board to resume making those payments.

Schemes that are eligible schemes for part of a financial year
     20. Where a scheme—

(a) is an eligible scheme on the first day of a financial year; and

(b) ceases to be an eligible scheme during that financial year,

section 181(5) of the Act (amount of the levy payable in respect of a scheme which is an eligible scheme for only part of the period for which the levy is imposed) does not apply to that scheme and the full amount of the levy is payable.

(a) in sub-paragraph (f)[15], for "tax approved scheme" substitute "tax registered scheme";

(b) in sub-paragraph (n), after "Scheme;" insert "and"; and

(c) omit sub-paragraph (o).

    (4) In regulation 3(1) (schemes which cease to be eligible schemes), for sub-paragraph (a) substitute—

" (a) the scheme has ceased to be a tax registered scheme; or".

    (5) In the Schedule (contents of accounts audited by the auditor of the scheme)—

(a) in paragraph 2(3)(a)[16], omit "to which section 111 of the 1993 Act (voluntary contributions) applies"; and

(b) in paragraph 5(b), for "regulation 6 of the Occupational Pension Schemes (Investment) Regulations 1996 (investments to which restrictions on employer related investments do not apply)" substitute "regulation 12 of the Occupational Pension Schemes (Investment) Regulations 2005[17] (restrictions on employer-related investments)".

Amendment of the Compensation Regulations
     22. —(1) The Compensation Regulations are amended in accordance with this regulation.

    (2) In regulation 1(2)[18] (interpretation)—

(a) in the appropriate alphabetical places insert—

" "the 2004 Act" means the Finance Act 2004;
"commutation period" means the period beginning with the day on which a trivial commutation lump sum or PPF trivial commutation lump sum is first paid to the member and ending 12 months after that day;
"lump sum compensation" means—
(a) any lump sum compensation payments made in relation to a person, payable under the pension compensation provisions as specified in section 162(2) of the Act (the pension compensation provisions); or

(b) any lump sum payments made in relation to a person, payable under section 166 of the Act (duty to pay scheme benefits unpaid at assessment date etc.);


"periodic compensation" means—
(a) any periodic compensation payments made in relation to a person, payable under the pension compensation provisions specified in section 162(2) of the Act; or

(b) any periodic payments made in relation to a person, payable under section 166 of the Act;


"PPF compensation" means any payments made under the pension compensation provisions specified in section 162 of the Act (the pension compensation provisions);
"PPF trivial commutation lump sum" means a payment made under paragraph 24 of Schedule 7 to the Act (commutation of periodic compensation);
"registered pension scheme" has the meaning given in section 150(2) of the 2004 Act (meaning of pension schemes);
"standard lifetime allowance" means—
(a) for the tax year 2006-07, the amount specified in section 218(2) of the 2004 Act (individual's lifetime allowance and standard lifetime allowance); and

(b) for each subsequent tax year the amount specified in the relevant order for that tax year made under section 218(3) of that Act;


"tax year" has the meaning given in section 279(1) of the 2004 Act (other definitions);
"trivial commutation lump sum" has the meaning given in paragraph 7 of Schedule 29 to the 2004 Act (trivial commutation lump sum)."; and

(b) for the definition of "relevant partner", substitute—

" "relevant partner" means a person of either sex who was not married to, or in a civil partnership with, the member—
(a) who was living with the member as if that person and the 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 opposite sex;.".

    (3) In regulation 19 (commutation of periodic compensation)—

(a) in paragraph (1), for "specified in paragraph (2)" substitute "specified in paragraphs (2) and (3)"; and

(b) after paragraph (2), add—

    " (3) Where a person makes an application to the PPF Board to commute in accordance with regulation 20(1), that person must have attained the age of 60 and must not have attained the age of 75 on the date specified in paragraph 20(2)(b).".

    (4) For regulation 20 (circumstances in which the portion of compensation to be commuted may exceed 25 per cent) substitute—

" Circumstances in which the portion of compensation to be commuted may exceed 25 per cent
     20. —(1) The prescribed circumstances for the purposes of paragraph 24(2) of Schedule 7 to the Act (commutation of periodic compensation) are that the portion to be commuted is a PPF trivial commutation lump sum, in accordance with paragraph (2).

    (2) A payment is a PPF trivial commutation lump sum if—


(a) either—


(i) no trivial commutation lump sum or PPF trivial commutation lump sum has previously been paid to the person—


(aa) by a registered pension scheme; or

(bb) the Board; or



(ii) if such a lump sum has previously been paid; that lump sum is paid before the end of the commutation period;



(b) on the nominated date, the value of the member's entitlement to PPF compensation and pension rights do not exceed the commutation limit;

(c) it is paid when all or part of the member's standard lifetime allowance is available; and

(d) it extinguishes the member's entitlement to PPF compensation.



    (3) The nominated date is—



(a) the day within the period of three months ending with the first day of the commutation period nominated by the person; or

(b) if no day is nominated, the first day of the commutation period.



    (4) The commutation limit is 1% of the standard lifetime allowance on the nominated date.

    (5) The value of the member's pension rights on the nominated date is the aggregate of—



(a) the value of the member's relevant crystallised pension rights on that date; and

(b) the value of the member's uncrystallised rights on that date.



    (6) For the purposes of paragraph (5)—



(a) relevant crystallised pension rights shall be calculated in accordance with paragraph 8 of Schedule 29 to the 2004 Act (trivial commutation lump sum); and

(b) a member's uncrystallised rights shall be calculated in accordance with paragraph 9 of Schedule 29 to the 2004 Act.



    (7) The value of the member's entitlement to PPF compensation shall be calculated by adding any entitlement he may have to lump sum compensation and any entitlement he may have to periodic compensation.

    (8) For the purposes of paragraph (7), the value of any entitlement to—



(a) lump sum compensation, shall be the full amount of the lump sum compensation to which that member would be entitled on the nominated date; and

(b) periodic compensation, shall be calculated by multiplying the annual periodic compensation to which that member would be entitled on the nominated date by 20.".

    (5) In regulation 21 (manner in which an option to commute may be exercised) omit paragraph (4).

    (6) In paragraph (1)(a) of regulation 23 (disregard of certain small payments in determining PPF compensation cap) for "Finance Act 2004" substitute "2004 Act".

Amendment of the Pension Protection Fund (Valuation) Regulations 2005
     23. In regulation 5 of the Pension Protection Fund (Valuation) Regulations 2005[19] (valuation of assets) omit ", less the amount of the external liabilities,".



Signed by authority of the Secretary of State for Work and Pensions.


Stephen C. Timms
Minister of State, Department for Work and Pensions

6th March 2006

[2] 1993 c.48.back

[3] 2004 c.12.back

[4] Section 7(4) was amended by paragraph 22(b) of Schedule 5 to, and Part III of Schedule 7 to, the Pensions Act 1995 (c.26).back

[5] S.I. 2005/670 the relevant amending instrument is S.I. 2005/2113.back

[6] 1995 c.50.back

[7] S.I. 2005/590 the relevant amending instruments are S.I. 2005/993, 2113, 2153 and 2224.back

[8] 2000 c.8.back

[9] Paragraph 22(4) is amended by paragraphs 1, 54(1), (4) and (5) of Schedule 10 to, the Finance Act 2005.back

[10] Listings of banks and their gross assets are produced and published in publications such as "The Banker". This information is also available on that publication's website www.thebanker.com.back

[11] 1999 c.30. The definition of "stakeholder pension scheme" in section 1 was amended by section 285 of the Pensions Act 2004.back

[12] The definition of "personal pension scheme" in section 1 of the Pension Schemes Act 1993 was substituted by section 239(3) of the Pensions Act 2004.back

[13] The definition of "occupational pension scheme" in section 1 of the Pension Schemes Act 1993 was substituted by section 239(1) of the Pensions Act 2004.back

[14] Section 97 was amended by paragraph 4 of Schedule 6 to the Pensions Act 1995 and paragraph 8(1) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c.19).back

[15] The words "but which is neither a tax approved scheme nor" were substituted by S.I. 2005/993.back

[16] Paragraph 2 was amended by S.I. 2005/993.back

[17] S.I. 2005/3378.back

[18] Regulation 1(2) was amended by S.I. 2005/2113.back

[19] S.I. 2005/672, to which there are amendments not relevant to these Regulations.back

 © Crown copyright 2006