National Health Service, England And Wales PART 1 Introductory Citation, commencement and effect 1 1 These Regulations may be cited as the National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021. 2 These Regulations come into force on 1st July 2021. 3 Regulations 3(2), 4 and 33(3) have effect from 2nd December 2019. 4 Regulations 3(3), 14(b), 19(c) and 30(3) have effect from 1st April 2021. 5 Regulation 5 has effect from 1st July 2021. 6 Regulations 6 to 10 have effect from 5th December 2005. 7 Regulations 11, 16 to 18, 21 to 23 and 33(2) have effect from 1st April 2008. 8 Regulations 12(2)(a) and 19(a) have effect from 1st April 2014. 9 Regulations 12(2)(b) and (3), 14(a), 15, 19(b), 20 and 28 have effect from 1st April 2020. 10 Regulations 25 to 27, 29 and 30(2) have effect from 1st April 2015. 11 Regulation 32 has effect from 1st May 2012. PART 2 Amendments to the National Health Service Pension Scheme Regulations 1995 General 2 The National Health Service Pension Scheme Regulations 1995 are amended in accordance with this Part. Amendment of regulation A2 3 1 Regulation A2 (interpretation) is amended as follows. 2 In the definition of ““marriage” and “married”” , omit “, and are to be construed in accordance with regulation A4”. 3 For the definition of “NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance” ; . Amendment of regulation A4 4 1 Regulation A4 (treatment of same sex marriages and opposite sex civil partnerships) is amended as follows. 2 For the heading substitute “Civil partnerships and marriage of same sex couples”. 3 Omit paragraph (5A) . Amendment of regulation D3 5 1 Regulation D3 (further contributions by employing authorities in respect of excessive pay increases) is amended as follows. 2 In paragraphs (3)(b)(i) , (4)(b)(i) and (5)(b) , for “4.5%” substitute “7%”. 3 Omit paragraphs (7) to (11). 4 After paragraph (12) insert— 12A Paragraphs (12B) to (12G) apply in circumstances where a payer has been notified of a liability to pay an excess employer contribution on or after 1st April 2018. 12B Where a payer— a has paid all of the excess employer contribution; and b applies for a determination under this paragraph which is received by the Secretary of State within a period of six months from the commencement of this regulation, the Secretary of State must determine the excess employer contribution in accordance with this regulation as in force on 1st July 2021. 12C Where the amount of any excess employer contribution payable following a determination under paragraph (12B) is less than the amount of any excess employer contribution together with any interest already paid, the Secretary of State must pay to the payer a sum equal to the difference between those amounts. 12D Where a payer— a has failed to pay all, or any part, of the excess employer contribution; and b applies for a determination under this paragraph which is received by the Secretary of State within a period of six months from the commencement of this regulation, the Secretary of State must determine the excess employer contribution in accordance with this regulation as in force on 1st July 2021. 12E Subject to paragraph (12F), the amount of any excess employer contribution payable following a determination under paragraph (12D) must be paid to the Secretary of State within 1 month of the Secretary of State notifying the payer of its liability for that amount. 12F Where the amount of any excess employer contribution payable following a determination under paragraph (12D) is less than any excess employer contribution together with any interest already paid by the payer, the Secretary of State must pay to the payer a sum equal to the difference between those amounts. 12G Where the Secretary of State makes a determination under paragraph (12B) or (12D), any previous determination of an excess employer contribution payable in respect of the same member has no effect. . 5 In paragraph (17)(b), omit the words after “1st April 2014” to the end. 6 After paragraph (19B) insert— 19C Where— a the Secretary of State has approved terms and conditions relating to NHS employment; and b a member’s pensionable pay has increased pursuant to those terms and conditions, the increase in the member’s pensionable pay is to be disregarded for the purposes of this regulation. 19D An increase in a member’s pensionable pay by reason of an amount in respect of a national award recommended by the Advisory Committee on Clinical Excellence Awards is to be ignored for the purposes of this regulation. 19E An increase in a member’s pensionable pay due to promotion on the basis of fair and open competition is to be ignored for the purposes of this regulation. 19F An increase in the pensionable pay of a non-GP provider due to an increase in partnership profits within the three year period immediately prior to the date on which the non-GP provider ceased to be in pensionable employment is to be ignored for the purposes of this regulation if the non-GP provider’s percentage share in the partnership profits: a has not increased during the same three year period; b has increased during the same three year period, but only as the result of another partner leaving the practice; or c has increased during the same three year period, but only as the result of another partner reducing their sessional commitment. 19G An increase in a member’s pensionable pay solely due to the ending of a salary sacrifice arrangement is to be ignored for the purposes of this regulation. . 7 In paragraph (21)— a omit sub-paragraph (h); b after sub-paragraph (i), insert— j “salary sacrifice arrangement” means an arrangement under which the member gives up the right to receive an amount of pensionable pay in return for the provision of a benefit in kind including, but not limited to, a benefit consisting of a motor car or other vehicle, meals, care or vouchers. . Amendment of regulation G7 6 1 Regulation G7 (widower’s pension) is amended as follows. 2 In paragraph (2), for “(3)” substitute “(2A)”. 3 After paragraph (2), insert— 2A Paragraph (3) applies if a female member died on or before 4th December 2005 in the circumstances described in any of regulations G2 to G6 and left a surviving widower. . Amendment of regulation G8 7 1 Regulation G8 (dependent widower’s pension) is amended as follows. 2 In paragraph (1), for “A female” substitute “Subject to paragraph (7), a female”. 3 After paragraph (6) insert— 7 This regulation does not apply to a female member who dies on or after 5th December 2005. . Amendment of regulation G9 8 1 Regulation G9 (increased widower’s pension) is amended as follows. 2 In paragraph (1), for “If” substitute “Subject to paragraph (6), if”. 3 After paragraph (5) insert— 6 This regulation does not apply to a female member who dies on or after 5th December 2005 and leaves a widower or a surviving civil partner . . Amendment of regulation G16 9 In regulation G16 (purchase of surviving partner’s pension in respect of service before 6th April 1988) , for paragraph (5) substitute— 5 In this regulation “survivor’s pension” means a pension that becomes payable by virtue of regulation G14. . Amendment of regulation G17 10 1 Regulation G17 (increased surviving partner’s pension) is amended as follows. 2 For paragraph (1) substitute— 1 If a member makes a valid election pursuant to regulation G16(3)(a) to buy an increased surviving partner’s pension under regulation G16(1), any surviving scheme partner’s pension that becomes available in respect of that member by virtue of regulation G14 will be based on pensionable service after 5th April 1988 plus any period of pensionable service before that date that the member elected to buy for this purpose under regulation G16(1). . 3 Omit paragraph (2) . Amendment of regulation T6 11 In regulation T6 (loss of rights to benefits) , in paragraph (1A), for “nominated partner” substitute “scheme partner”. Amendment of Schedule 2 12 1 Schedule 2 (medical and dental practitioners) is amended as follows. 2 In paragraph 1 (additional definitions used in this Schedule)— a in paragraph (e) of the definition of “locum practitioner” , after “Local Health Board” insert “or the National Health Service Commissioning Board”; b after the definition of “locum practitioner” insert— “New to Partnership Payment Scheme” means the scheme set out in paragraphs 2.14 to 2.16 of the “Update to the GP contract agreement 2020/21 – 2023/24” dated 6th February 2020 ; . 3 In paragraph 3(1) (meaning of “pensionable earnings”) , for paragraph (a) substitute— a in the case of a type 1 medical practitioner or a non-GP provider, practitioner income less— i any sum on account of practice expenses (for these purposes, D2(1) contributions payable under paragraph 10(6) or (7) are neither practitioner income nor practice expenses); and ii any payment or allowance made pursuant to the New to Partnership Payment Scheme; and . PART 3 Amendments to the National Health Service Pension Scheme Regulations 2008 General 13 The National Health Service Pension Scheme Regulations 2008 are amended in accordance with this Part. Amendment of regulation 2.A.1 14 In regulation 2.A.1 (interpretation: general)— a after the definition of “medical performers’ list” insert— “New to Partnership Payment Scheme” means the scheme set out in paragraphs 2.14 to 2.16 of the “Update to the GP contract agreement 2020/21 – 2023/24” dated 6th February 2020; ; b for the definition of “NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance”; . Amendment of regulation 2.A.8 15 In regulation 2.A.8 (meaning of “pensionable pay”) , for paragraph (5) substitute— 5 In the case of a non-GP provider who is not in receipt of any salary, wages, fees or any other regular payment, pensionable pay means practitioner income less— a any sum on account of practice expenses (for these purposes, contributions payable under regulation 2.C.1(5) or (6) are neither practitioner income nor practice expenses); and b any payment or allowance made pursuant to the New to Partnership Payment Scheme. . Amendment of regulation 2.D.8 16 1 Regulation 2.D.8 (early retirement on ill-health (active members and non-contributing members)) is amended as follows. 2 In paragraph (5) — a for sub-paragraph (a) substitute— a is increased by the enhancement period where the member— i has not had a break in pensionable service of 12 months or more; or ii has returned to pensionable employment 12 months or more after having a break in such service and it would be more favourable to the member to treat the member’s pensionable service before and after the break, and all such other breaks (if any), as continuous; ; b in sub-paragraph (b) , after “(a)” insert “(ii)”. Amendment of regulation 2.E.20 17 1 Regulation 2.E.20 (amount of lump sum: pension credit members) is amended as follows. 2 Omit paragraph (3). 3 In paragraph (4), omit the definition of “the beginning date” and the “and” which precedes it. Amendment of regulation 2.J.7 18 In regulation 2.J.7 (forfeiture of rights to benefits), in paragraph (5)(a) , for “nominated partner” substitute “surviving scheme partner”. Amendment of regulation 3.A.1 19 In regulation 3.A.1 (interpretation of Part 3: general), in paragraph (1)— a in paragraph (e) of the definition of “locum practitioner” , after “Local Health Board” insert “or the National Health Service Commissioning Board”; b after the definition of “medical performers list” insert— “New to Partnership Payment Scheme” means the scheme set out in paragraphs 2.14 to 2.16 of the “Update to the GP contract agreement 2020/21 – 2023/24” dated 6th February 2020; ; c for the definition of “NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance”; Amendment of regulation 3.A.7 20 In regulation 3.A.7 (meaning of “pensionable earnings”) , for paragraph (1)(a) substitute— a in the case of a type 1 medical practitioner, practitioner income less— i any sum on account of practice expenses (for these purposes, C3 contributions payable under regulation 3.C.5(5) or (6) are neither practitioner income nor practice expenses); and ii any payment or allowance made pursuant to the New to Partnership Payment Scheme; and . Amendment of regulation 3.D.7 21 1 Regulation 3.D.7 (early retirement on ill-health (active members and non-contributing members)) is amended as follows. 2 In paragraph (5)— a for sub-paragraph (a) substitute— a is increased by the enhancement period where the member— i has not had a break in pensionable service of 12 months or more; or ii has returned to pensionable employment 12 months or more after having a break in such service and it would be more favourable to the member to treat the member’s pensionable service before and after the break, and all such other breaks (if any) as continuous; ; b in sub-paragraph (b) , after “(a)” insert “(ii)”. 3 In paragraph (7)— a for “If the member’s pensionable service includes both officer service and practitioner service—” substitute “If a member is entitled to have the member’s pensionable service increased by the enhancement period—”; b in sub-paragraph (b), after “(under Part 2 of these Regulations)” insert “, if any,”. Amendment of regulation 3.E.20 22 1 Regulation 3.E.20 (amount of lump sum: pension credit members) is amended as follows. 2 Omit paragraph (3). 3 In paragraph (4), omit the definition of “the beginning date” and the “and” which precedes it. Amendment of regulation 3.J.7 23 In regulation 3.J.7 (forfeiture of rights to benefits), in paragraph (5)(a) for “nominated partner” substitute “surviving scheme partner”. PART 4 Amendments to the National Health Service Pension Scheme Regulations 2015 General 24 The National Health Service Pension Scheme Regulations 2015 are amended in accordance with this Part. Amendment of regulation 135 25 In regulation 135 (application for statement of entitlement), for paragraph (3)(d) substitute— d is within the period of 10 days ending with the date on which the member is provided with the statement of entitlement. . Amendment of Schedule 3 26 In Schedule 3 (administrative matters), in paragraph 12(5)(a) (forfeiture of rights to benefits), for “nominated partner” substitute “surviving scheme partner”. Amendment of Schedule 5 27 In Schedule 5 (membership gateways), in paragraph 7(a), for “practitioner” substitute “performer”. Amendment of Schedule 10 28 1 Schedule 10 (practitioner income) is amended as follows. 2 In paragraph 1 (interpretation), after the definition of “local authority” insert— “New to Partnership Payment Scheme” means the scheme set out in paragraphs 2.14 to 2.16 of the “Update to the GP contract agreement 2020/21 – 2023/24” dated 6th February 2020. . 3 In paragraph 2(2) (medical practitioner) — a in paragraph (b), omit the word “and”; b at the end of paragraph (c), insert— and; d any payment or allowance made pursuant to the New to Partnership Payment Scheme. . Amendment of Schedule 14 29 In Schedule 14 (lump sum on death), in paragraph 8 (death of pension credit member)— a in sub-paragraph (5)(a), omit “at the date of death”; b in sub-paragraph (6), omit the definitions of “annual amount of pension” and “the beginning date”. Amendment of Schedule 15 30 1 Schedule 15 (definitions) is amended as follows. 2 After the expression “dental contractor” in Column 1 insert a new expression “dental performer” and for the corresponding entry in Column 2 insert— a person— whose name is included in a dental performers list or who is a foundation trainee in the first two months of foundation training; and who performs primary dental services under— a GDS contract; a PDS agreement to which a PDS contractor is a party; or a contract for services with a Local Health Board which relates to arrangements under which it provides primary dental services under section 56(2) of the 2006 (Wales) Act (primary dental services) or a PDS agreement to which a PDS contractor is not a party . 3 For the entry in Column 2 corresponding to the expression “NHS standard sub-contract” , substitute “a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance””. PART 5 Amendments to the National Health Service (Injury Benefits) Regulations 1995 General 31 The National Health Service (Injury Benefits) Regulations 1995 are amended in accordance with this Part. Amendment of regulation 4 32 In regulation 4 (scale of benefits), in paragraph (6)(b)(vi) , for “of the Welfare and Reform Act 2007” substitute “and section 1B of the Welfare Reform Act 2007 ”. Amendment of regulation 7 33 1 Regulation 7 (surviving partner allowances) is amended as follows. 2 In paragraph (3) — a in sub-paragraph (a)(ii), omit the word “or”; b after sub-paragraph (b) insert— ba if at the date of the deceased’s death such surviving partner is not married or in a civil partnership but is living with another person as if married or in a civil partnership; or bb in respect of any period after such surviving partner— i remarries or forms a civil partnership; or ii during which she or he lives together with another person as if married to or in a civil partnership with that other person, but where such relationship has terminated, the Secretary of State may restore an allowance to a surviving partner if the Secretary of State is satisfied that such surviving partner is suffering hardship. . 3 In paragraph (3A)(b) , after “civil partnership” insert “with a person of the same sex”. PART 6 Miscellaneous Option to persons detrimentally affected by these Regulations 34 1 This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who— a served in an employment or office which qualified the person to participate in the benefits provided under the regulations amended by these Regulations; and b ceased to serve in that employment or office before these Regulations came into force. 2 Where, in a case to which this regulation applies, any provision of Part 2 or Part 3 of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision will not apply to them by giving notice in accordance with paragraph (3). 3 A notice given pursuant to paragraph (2) is to be given in writing and delivered to the Secretary of State within six months of the coming into force of these Regulations or such longer period as the Secretary of State may allow. Signed by authority of the Secretary of State for Health and Social Care. Helen Whately Minister of State, Department of Health and Social Care 26th May 2021 We consent James Morris Michael Tomlinson Two of the Lords Commissioners of Her Majesty’s Treasury 25th May 2021