Health And Personal Social Services PART 1 Introductory Citation, commencement and effect 1 1 These Regulations may be cited as the Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022. 2 These Regulations come into operation on 16 August 2022. 3 Regulation 2, the definition of “marriage” and “married” in regulation 3(2) and regulations 4, 11, 12, 13(1), (2) and (4), 14 to 17, 20, 21, 28(1) and (2), 29(1) and (2), 34(1) and (3), 35, 73 and 76 have effect from 5 December 2005. 4 The definitions of “scheme partner” and “surviving scheme partner” in regulation 3(2) and regulations 9, 10, 13(3), 18, 19, 22 to 26, 28(3), 29(3), 30 to 33, 34(4), 37 to 42, 48 to 53, 69 to 75, and 77 to 79 have effect from 1 April 2008. 5 Regulations 44 and 55 have effect from 1 October 2009. 6 Regulations 45 and 56 have effect from 1 April 2010. 7 Regulations 34(2) and 47 have effect from 1 April 2014. 8 Regulations 57 to 65, 67, 68, 80 and 81 have effect from 1 April 2015. 9 Regulations 3(3), 36 and 66 have effect from 1 April 2019. 10 Regulations 6 to 8 and 27 have effect from 6 April 2019. PART 2 Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 General 2 The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 are amended as provided by regulations 3 to 34. Amendment of regulation 2 3 1 Regulation 2 (Interpretation) is amended as provided by paragraphs (2) and (3). 2 At the appropriate place in alphabetical order, insert— “marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided; ; “ scheme partner ” has the meaning given in regulation 31E(7); ; “ surviving scheme partner ” has the meaning given in regulation 31E(8); . 3 Omit the definition of “CCT”. New regulation 2C 4 After regulation 2B (Change of name of HPSS employment) insert— Civil partnerships and marriage of same sex couples 2C 1 In these Regulations, except as provided in paragraph (5), a reference to— a civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly; b a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married. 2 Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly. 3 For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed. 4 The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 in relation to these Regulations is modified so that regulation 6(1) and (2) has effect subject to paragraphs (1) to (3). 5 In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004. . Amendment of regulation 11A 5 1 Regulation 11A (Further contributions by employing authorities in respect of excessive pay increases) is amended as provided by paragraphs (2) to (7). 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 1 April 2021. 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 Department within a period of six months from the commencement of this regulation, the Department must determine the excess employer contribution in accordance with this regulation. 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 Department 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 Department within a period of six months from the commencement of this regulation, the Department must determine the excess employer contribution in accordance with this regulation. 12E Subject to paragraph (12F), the amount of any excess employer contribution payable following a determination under paragraph (12D) must be paid to the Department within 1 month of the Department 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 Department must pay to the payer a sum equal to the difference between those amounts. 12G Where the Department 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 2015” to the end. 6 After paragraph (19) insert— 19A An increase in a member’s superannuable pay solely due to an increase in the national minimum wage is to be ignored for the purposes of this regulation. 19B Where— a the Department has approved terms and conditions relating to HSC employment; and b a member’s superannuable pay has increased pursuant to those terms and conditions, the increase in the member’s superannuable pay is to be disregarded for the purposes of this regulation. 19C An increase in a member’s superannuable 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. 19D An increase in a member’s superannuable pay due to promotion on the basis of fair and open competition is to be ignored for the purposes of this regulation. 19E An increase in the superannuable 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 superannuable 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. 19F An increase in a member’s superannuable 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) for sub-paragraph (h), substitute— h “ national minimum wage ” means the single hourly rate prescribed by the Department pursuant to section 1(3) of the National Minimum Wage Act 1998; i “ salary sacrifice arrangement ” means an arrangement under which the member gives up the right to receive an amount of superannuable 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 12 6 In regulation 12 (Normal retirement pension) , in paragraph (4) for from “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation 13 7 In regulation 13 (Ill-health pension on early retirement) , in paragraph (7) for from “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation 13A 8 In regulation 13A (Early retirement pension (ill-health)) , in paragraph (7) for from “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation 22 9 In regulation 22 (Payment of lump sum) , for paragraph (12) substitute— 12 In this regulation “ surviving partner ” means— a a surviving scheme partner; or b one of the following, who survives the member— i a widow: ii a widower; iii a civil partner. Amendment of regulation 28 10 In regulation 28 (Member marries after leaving superannuable employment) , in paragraph (4)— a for “nominated partner” substitute “scheme partner” ; b for “nominated partner’s pension substitute “scheme partner’s pension” ; c for “nominated partner pension” substitute “surviving scheme partner’s pension” . Amendment of regulation 29 11 1 Regulation 29 (Widower’s pension) is amended as provided by paragraphs (2) and (3). 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 24 to 28 and left a surviving widower. . Amendment of regulation 30 12 1 Regulation 30 (Dependent widower’s pension) is amended as provided by paragraphs (2) and (3). 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 31 13 1 Regulation 31 (Increased widower’s pension) is amended as provided by paragraphs (2) to (4). 2 In paragraph (1), for “If” substitute “Subject to paragraph (6), if” . 3 In paragraph (5), in sub-paragraph (b), for “nominated partner” substitute “scheme partner” . 4 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 31A 14 1 Regulation 31A (Surviving civil partner’s pension) is amended as provided by paragraphs (2) and (3). 2 In paragraph (2), omit “Subject to paragraph (3),”. 3 Omit paragraphs (3), (4) and (5). Omission of regulation 31B 15 Omit regulation 31B (dependent surviving civil partner’s pension). Omission of regulation 31C 16 Omit regulation 31C (purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988). Omission of regulation 31D 17 Omit regulation 31D (Increased surviving civil partner’s pension). Amendment of regulation 31E 18 For regulation 31E (Surviving nominated partner’s pension) , substitute— Surviving scheme partner’s pension 31E 1 This regulation applies on the death of a member, if— a the member has superannuable service on or after 1st April 2008, b the member dies in any of the circumstances described in regulations 24 to 28, and c the member leaves a surviving scheme partner. 2 Where this regulation applies, a surviving scheme partner is entitled to a surviving scheme partner’s pension. 3 A surviving scheme partner’s pension is calculated and paid— a in accordance with regulations 23 to 28, as they apply to pensions for widows, and b excluding any part of the member’s benefit that is based on superannuable service before 6th April 1988. 4 Paragraph (3)(b) is subject to the following— a If regulation 24(3) or (3C) or regulation 26(2) or (2A) applies to the calculation of a surviving scheme partner’s pension on a member’s death in superannuable employment or with a preserved pension— i the whole of the member’s superannuable service is taken into account when calculating whether and, if so, the extent to which there would have been an increase, by the application of regulation 13(3) or regulation 13A(4), in the superannuable service on which the member’s pension, under regulation 13 or regulation 13A, would have been based, and ii the whole period, if any by which the member’s pension would have increased, is treated, in this regulation, as superannuable service after 5th April 1988 for the purpose of calculating a surviving scheme partner’s pension; b If regulation 25(2) applies, so that the surviving scheme partner’s pension is equal to the member’s pension for a limited period, the surviving scheme partner’s pension for that limited period is equal to the whole of the member’s pension. 5 If regulation 28 applies, paragraph (1) of that regulation is to be read as if the words “where the member and his wife were not married to each other during a period of superannuable employment” are replaced with “if the Department is not satisfied that a member’s partner was the member’s scheme partner for a continuous period of at least two years ending on the member’s last day of superannuable service” . 6 A reference in these Regulations to regulation 23 to 28 means, in relation to benefits in respect of a member who has a scheme partner, those regulations as applicable to the member’s surviving scheme partner. 7 A person (P) is the scheme partner of a member if — a the member and P are living together as if they were husband and wife or civil partners, b the member and P are not prevented from marrying or entering into a civil partnership, c the member and P are financially interdependent or P is financially dependent on the member, and d neither the member nor P is living with a third person as if they were husband and wife or as if they were civil partners. 8 A person is a surviving scheme partner of a member if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member. . Amendment of regulation 31F 19 1 Regulation 31F (Dependent surviving nominated partner’s pension) is amended as provided by paragraphs (2) to (8). 2 In the heading for “nominated partner’s substitute “scheme partner’s” . 3 For paragraph (1), substitute— 1 A member may apply for the member’s scheme partner to receive a dependent surviving scheme partner’s pension on the member’s death. 1A An application must— a be made by the member giving notice in writing to the Department before leaving superannuable employment, and b be in relation to a person who has been the member’s scheme partner for a continuous period of at least two years on the member’s last day of superannuable service. . 4 In paragraph (2) for “nominated partner” substitute “scheme partner’s” . 5 For paragraph (3) substitute— 3 If the Department has accepted a member’s application and the member subsequently dies before the member’s scheme partner, a scheme partner entitled to a surviving scheme partner’s pension is entitled to a dependent surviving scheme partner’s pension. . 6 In paragraph (4) for “nominated partner’s” substitute “scheme partner’s” . 7 In paragraph (5) for “nominated partner’s” substitute “scheme partner’s” . 8 In paragraph (6) for “nominated partner” substitute “scheme partner” . Amendment of regulation 31G 20 In regulation 31G (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 31E. . Amendment of regulation 31H 21 1 Regulation 31H (Increased surviving partner’s pension) is amended as provided by paragraphs (2) and (3). 2 For paragraph (1) substitute— 1 If a member makes a valid election pursuant to regulation 31G(3)(a) to buy an increased surviving partner’s pension under regulation 31G(1), any surviving scheme partner’s pension that becomes available in respect of that member by virtue of regulation 31E will be based on superannuable service after 5th April 1988 plus any period of superannuable service before that date that the member elected to buy for this purpose under regulation 31G(1). . 3 Omit paragraph (2). Amendment of regulation 32 22 In regulation 32 (Dependent child) , in paragraph (1)— a in sub-paragraph (c) for “nominated partner” substitute “surviving scheme partner” ; b for sub-paragraph (e) substitute— e a child of a member’s surviving scheme partner if the Department is satisfied that the surviving scheme partner was the member’s scheme partner before the date on which the member leaves pensionable employment; . Amendment of regulation 34 23 1 Regulation 34 (Member dies in pensionable employment) is amended as provided by paragraphs (2) to (6). 2 In paragraph (4A) for “nominated partner” substitute “scheme partner” . 3 In paragraph (4B)— a for “nominated partner’s pension” substitute “surviving scheme partner’s pension” ; b for “nominated partner” substitute “scheme partner” . 4 In paragraph (4C)— a for “nominated partner’s pension” substitute “surviving scheme partner’s pension” ; b for “nominated partner” substitute “scheme partner” . 5 In paragraph (4D) for “nominated partner” substitute “scheme partner” . 6 In paragraph (4E) for “nominated partner” substitute “scheme partner” . Amendment of regulation 35 24 1 Regulation 35 (Member dies after pension becomes payable) is amended as provided by paragraphs (2) to (6). 2 In paragraph (3) for “nominated partner” substitute “scheme partner” . 3 In paragraph (4) for “nominated partner” substitute “scheme partner” . 4 In paragraph (5)— a for “nominated partner” substitute “scheme partner” ; b for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension” ; 5 In paragraph (6)— a for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension” ; b for “surviving nominated partner” substitute “surviving scheme partner” . 6 In paragraph (7)— a for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension” ; b for “surviving nominated partner” substitute “surviving scheme partner” . Amendment of regulation 36 25 1 Regulation 36 (Member dies with preserved pension) is amended as provided by paragraphs (2) to (4). 2 In paragraph (4) for “nominated partner” substitute “scheme partner” . 3 In paragraph (5) for “nominated partner” substitute “scheme partner” . 4 In paragraph (6)— a for “nominated partner” substitute “scheme partner” ; b for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension” . Amendment of regulation 38 26 1 Regulation 38 (Child not dependent on surviving parent or spouse of a parent) is amended as provided by paragraphs (2) to (4). 2 For the heading substitute “Dependent child not being maintained by surviving parent or spouse or civil partner or scheme partner of a parent” . 3 In paragraph (1) in each place for “nominated partner” substitute “scheme partner” . 4 In paragraph (2) for “nominated partner” substitute “scheme partner” . Amendment of regulation 49 27 In regulation 49 (Preserved pension) , in paragraph (5), for from “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation 67 28 1 Regulation 67 (Right to buy additional service) is amended as provided by paragraphs (2) and (3). 2 Omit paragraph (5A). 3 In paragraph (5B) for “nominated partner” substitute “surviving scheme partner” . Amendment of regulation 71 29 1 Regulation 71 (Paying for unreduced retirement lump sum by single payment) is amended as provided by paragraphs (2) and (3). 2 Omit paragraph (2A). 3 In paragraph (2B)— a in each place for “nominated partner” substitute “scheme partner” ; b for “nominated partner’s pension” substitute “scheme partner’s pension” . Amendment of regulation 76 30 In regulation 76 (Mental health officers) , in paragraph (7), in sub-paragraph (b) for “nominated partner’s pension” substitute “scheme partner’s pension” . Amendment of regulation 87 31 1 Regulation 87 (Benefits on death in superannuable employment after pension under regulation 13 becomes payable) is amended as provided by paragraphs (2) to (6). 2 In paragraph (4) in each place for “nominated partner” substitute “scheme partner” . 3 In paragraph (6)(b) for “nominated partner” substitute “scheme partner” . 4 In paragraph (10) for “nominated partner’s pension” substitute “scheme partner’s pension” . 5 In paragraph (11) for “nominated partner’s pension” substitute “scheme partner’s pension” . 6 In paragraph (12)(b) for “nominated partner pension” substitute “surviving scheme partner’s pension” . Amendment of regulation 87A 32 1 Regulation 87A (Benefits on death in superannuable employment after pension under regulation 13A becomes payable) is amended as provided by paragraphs (2) to (7). 2 In paragraph (7) in each place for “nominated partner” substitute “scheme partner” . 3 In paragraph (9)(b) for “nominated partner” substitute “scheme partner” . 4 In paragraph (12) for “nominated partner’s pension” substitute “surviving scheme partner’s pension” . 5 In paragraph (13) for “nominated partner’s pension” substitute “scheme partner’s pension” . 6 In paragraph (14) for “nominated partner’s pension” substitute “scheme partner’s pension” . 7 In paragraph (15) for “nominated partner” substitute “scheme partner” . Amendment of regulation 93 33 In regulation 93 (Loss of rights to benefits) , in paragraph (1A) for “nominated partner” substitute “scheme partner” . Amendment to Schedule 2 34 1 Schedule 2 (Medical and dental practitioners), is amended as provided by paragraphs (2) to (5). 2 In paragraph 10 (2K) , for “NDPS is the number of days of dentist performer service from the date the dentist performer service is commenced in the scheme year to the end of the scheme year”, substitute “NDPS is the number of days of dentist performer’s service in the scheme year” . 3 Omit paragraph 16A (Increased surviving civil partner’s pension). 4 In paragraph 16B (Increased dependent surviving nominated partner’s pension) for the words “nominated partner’s pension” in each place they occur substitute “scheme partner’s pension” . 5 In paragraph 23 (Accounts and actuarial reports) after sub-paragraph (8) insert— 8A If an employing authority does not provide the statement referred to in sub-paragraph (6) in accordance with sub-paragraph (8)(a), the member contributions in respect of the members of that employing authority referred to in sub-paragraphs 6(a) to (c), will be payable at the maximum contribution percentage rate specified in column 2 of table 2 in paragraph 10(1A) of this Schedule based on estimated superannuable pay as determined by the Department. . PART 3 Amendments to the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 General 35 The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 are amended as provided by regulations 36 to 56. Amendment of regulation 6 36 In regulation 6 (Interpretation: general) for the definition of “officer” substitute— “ officer ” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include— a GP performer; a dentist performer; a person engaged under a contract for services; . Amendment of regulation 52 37 In paragraph (5) of regulation 52 (Early retirement on ill-health (active members and non-contributing members)) — 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 67 38 In regulation 67 (Surviving adult dependants’ pensions) , in paragraph (2), for “nominated partner” substitute “scheme partner” . Amendment of regulation 68 39 For regulation 68 (Meaning of “ surviving nominated partner ”) substitute— Meaning of “surviving scheme partner” 68 In this Part, a person (P) is a “surviving scheme partner” if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death— a the member and P were living together as if they were husband and wife or civil partners, b the member and P were not prevented from marrying or entering into a civil partnership, c the member and P were financially interdependent or P was financially dependent on the member, and d neither the member nor P were living with a third person as if they were husband and wife or as if they were civil partners. . Amendment of regulation 75 40 In paragraph (2) of regulation 75 (Meaning of “ dependent child ”) — a in sub-paragraph (d)— i for “regulation 68(1)(b)(i)” substitute “regulation 68(a) and (b)” ; ii in each place for “nominated partner” substitute “scheme partner” ; b in sub-paragraph (e) for “nominated partner” substitute “scheme partner” ; c in sub-paragraph (f) for “nominated partner” substitute “scheme partner” . Amendment of regulation 86 41 1 Regulation 86 (Amount of lump sum: pension credit members) is amended as provided by paragraphs (2) and (3). 2 Omit paragraph (3). 3 In paragraph (4), omit the definition of “the beginning date” and the “and” which precedes it. Amendment of regulation 130 42 In regulation 130 (Forfeiture of rights to benefits) , in paragraph (5)(a), for “nominated partner” substitute “surviving scheme partner” . Amendment of regulation 136 43 For paragraph (2) of regulation 136 (Employing authority and certain member record keeping and contribution estimates) substitute— 2 As regards a GMS practice or an APMS contractor, in respect of each scheme year, the practice or contractor must provide the Department with a statement of estimated pensionable earnings in respect of any non-GP provider that is a GMS practice or APMS contractor or who assists in the provision of HSC services provided by that GMS practice or APMS contractor, at least 1 month before the beginning of that scheme year. . Amendment of regulation 136T 44 In paragraph (2) of regulation 136T (Nominations and notices accepted by the Department under the 1995 Regulations and Chapter 5 of this Part of these Regulations) , omit sub-paragraph (c). Amendment of regulation 136Z 45 In paragraph (2) of regulation 136Z (Nominations and notices accepted by the Department under the 1995 Regulations to apply under Chapter 5 of this Part of these Regulations) , omit sub-paragraph (c). Amendment of regulation 137 46 In regulation 137 (Interpretation of part 3: general) for the definition of “officer” substitute— “ officer ” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include— a GP performer; a dentist performer; a person engaged under a contract for services; . Amendment of regulation 161 47 In paragraph (8) of regulation 161 (Member’s contribution rate) , for “NDPS is the number of days of dentist performer service from the date the dentist performer service is commenced in the scheme year to the end of the scheme year”, substitute “NDPS is the number of days of dentist performer’s service in the scheme year” . Amendment of regulation 182 48 1 Regulation 182 (Early retirement on ill-health (Active members and non-contributing members)) is amended as provided by paragraphs (2) and (3). 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)” insert “, if any,” . Amendment of regulation 194 49 In regulation 194 (Surviving adult dependants’ pensions) , in paragraph (2) for “nominated partner” substitute “scheme partner” . Amendment of regulation 195 50 For regulation 195 (Meaning of “ surviving nominated partner ”) substitute— Meaning of “surviving scheme partner” 195 1 In this Part, a person (P) is a “surviving scheme partner” if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death— a the member and P were living together as if they were husband and wife or civil partners, b the member and P were not prevented from marrying or entering into a civil partnership, c the member and P were financially interdependent or P was financially dependent on the member, and d neither the member nor P were living with a third person as if they were husband and wife or as if they were civil partners. . Amendment of regulation 202 51 In paragraph (2) of regulation 202 (Meaning of “ dependent child ”) ,— a in sub-paragraph (d)— i for “regulation 195(1)(b)(i)” substitute “regulation 195(a) and (b)” ; ii in each place for “nominated partner” substitute “scheme partner” ; b in sub-paragraph (e) for “nominated partner” substitute “scheme partner” ; c in sub-paragraph (f) for “nominated partner” substitute “scheme partner” . Amendment of regulation 213 52 1 Regulation 213 (Amount of lump sum: pension credit members) is amended as provided by paragraphs (2) and (3). 2 Omit paragraph (3). 3 In paragraph (4), omit the definition of “the beginning date” and the “and” which precedes it. Amendment of regulation 254 53 In regulation 254 (Forfeiture of rights to benefits) , in paragraph (5)(a) for “nominated partner” substitute “surviving scheme partner” . Amendment of regulation 260 54 1 Regulation 260 (Employing authority and certain member record keeping and contribution estimates) is amended as provided by paragraphs (2) and (3). 2 After paragraph (7) insert— 7A If a GMS practice or APMS contractor does not provide the statement referred to in sub-paragraph (5) in accordance with sub-paragraph (7)(a), the member contributions in respect of the members of that practice or contractor referred to in sub-paragraphs (5)(a) to (c), will be payable at the maximum contribution percentage rate specified in paragraph (17) of regulation161 based on estimated pensionable pay as determined by the Department . 3 In paragraph (9) for the first reference to “2 months after the end” substitute “1 month before the beginning” . Amendment of regulation 260L 55 In regulation 260L (Nominations and notices accepted by the Department under the 1995 Regulations to apply under Chapter 5 of this Part of these Regulations) , in paragraph (2) omit sub-paragraph(c). Amendment of regulation 260Y 56 In regulation 260Y (Nominations and notices accepted by the Department under the 1995 Regulations and Chapter 5 of this Part of these Regulations) , in paragraph (2) omit sub-paragraph (c). PART 4 Amendments to the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 General 57 The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 are amended as provided by regulations 58 to 68. Amendment to regulation 37 58 In paragraph (3)(a) of regulation 37 (Members contributions: supplementary: medical practitioners and non-GP providers) for “NDPS is the number of days of group D service from the date M’s service commenced in the scheme year to the end of the scheme year”, substitute “NDPS is the number of days of M’s group D service in the scheme year” . Amendment to regulation 38 59 In paragraph (3)(a) of regulation 38 (Members’ contributions: supplementary: dental practitioners) for “NDPS is the number of days of dental practitioner service from the date the dental practitioner service commenced in the scheme year to the end of the scheme year”, substitute “NDPS is the number of days of dental practitioner service in the scheme year” . Amendment of regulation 112 60 In regulation 112 (Surviving adult dependant pension), in paragraph (2), for sub-paragraph (c) substitute— c a surviving scheme partner. . Substitution of regulation 113 61 For regulation 113 (Surviving nominated partner) substitute— Surviving scheme partner 113 1 A person (P) is the scheme partner of a member if – a the member and P are living together as if they are husband and wife or civil partners, b the member and P are not prevented from marrying or entering a civil partnership, c the member and P are financially interdependent or P is financially dependent on the member, and d neither the member or P is living with a third person as if they are husband and wife or civil partners. 2 A person is a surviving scheme partner of a member if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member. . Amendment of regulation 121 62 1 Paragraph (2) of regulation 121 (Eligible child), is amended as provided by paragraphs (2) to (4). 2 In sub-paragraph (d)— a for “nominated partner” substitute “scheme partner” ; b for “regulation 113(1)(b)(i)” substitute “regulation 113(1)(a) and (d)” . 3 In sub-paragraph (e), in paragraph (ii), for “nominated partner” substitute “surviving scheme partner” . 4 In sub-paragraph (f), in paragraph (ii), for “nominated partner” substitute “surviving scheme partner” . Amendment of regulation 134 63 In regulation 134 (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 64 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 65 In Schedule 5 (Membership gateways) , in paragraph (7)(a), for “practitioner” substitute “performer” . Amendment to Schedule 10 66 In sub-paragraph (2)(b) of paragraph 10 of Schedule 10 (Practitioner contribution payments), for “such a deduction must be to the member’s advantage and is subject to the member’s consent” substitute “such a deduction may only be made where the Department has notified the member of an intention to do so” . Amendment of Schedule 12 67 In Schedule 12 (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 13 68 In Schedule 13 (Definitions), after the expression “deferred member” in Colum 1 insert a new expression “dental performer” and for the corresponding entry in column 2 insert— a dentist who has undertaken to provide general dental services (GDS) and whose name is included in a list of dentists prepared by the Regional Business Services Organisation (RBSO) under regulation 4 of the Health and Personal Social Services General Dental services Regulations (Northern Ireland) 1993 . PART 5 Amendments to the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 General 69 The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 are amended as provided by regulations 70 to 72. 70 1 Regulation 2 (Interpretation) is amended as provided by paragraphs (2) and (3). 2 In paragraph (1), in the definition of “dependent” in sub-paragraph (d), for “nominated partner” substitute “scheme partner” ; 3 For paragraphs (1A) to (1C) , substitute— 1A A person (P) is the scheme partner of a participator if — a the participator and P are living together as if they were husband and wife or civil partners, b the participator and P are not prevented from marrying or entering into a civil partnership, c the participator and P are financially interdependent or P is financially dependent on the participator, and d neither the participator nor P is living with a third person as if they were husband and wife or as if they were civil partners. 1B A person is a surviving scheme partner of a participator, if the Department is satisfied that for a continuous period of at least two years, ending with the participator’s death, the person was the scheme partner of that participator . Amendment of regulation 15 71 In paragraph (3) of regulation 15 (Payments by the Department), in sub-paragraphs (a) and (b) in each place for “nominated partner” substitute “surviving scheme partner” . Amendment of Schedule 2 72 In Schedule 2 (Pension Sharing On Divorce Or Nullity Of Marriage), in paragraph 11 (Payment of lump sum on death), in sub-paragraph (2) , in each place for “nominated partner” substitute “surviving scheme partner” . PART 6 Amendments to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 General 73 The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 are amended as provided by regulations 74 to 79. Amendment of regulation 2 74 1 Regulation 2 (Interpretation) is amended as provided by paragraphs (2) and (3) 2 At the appropriate place in alphabetical order insert— “ scheme partner ” has the meaning given in regulation 2C; ; “ surviving scheme partner ” has the meaning given in regulation 2D; . 3 In the definition of “surviving partner” for “nominated partner” substitute “scheme partner” . New regulations 2C and 2D 75 After regulation 2B (Meaning of average remuneration) insert— Meaning of scheme partner 2C A person (person B) is the “scheme partner” of a person to whom these regulations apply (person A) if— a person A and person B are living together as if they were husband and wife or civil partners, b person A and person B are not prevented from marrying or entering into a civil partnership, c person A and person B are financially interdependent or person B is financially dependent on person A, and d neither person A nor person B is living with a third person as if they were husband and wife or civil partners. Meaning of surviving scheme partner 2D A person (person B) is a “surviving scheme partner” of a person to whom these regulations apply (person A) if the Department is satisfied that for a continuous period of at least two years, ending with person A’s death, person B was the scheme partner of person A. . Amendment of regulation 8 76 1 Regulation 8 (Surviving partner allowances) is amended as provided by paragraphs (2) and (3) 2 For paragraph (3) substitute— 3 Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance— a if the marriage took place or the civil partnership was formed after the later of the date on which— i the deceased last ceased to be employed as person to whom these Regulations apply; or ii the earning ability of the deceased was permanently reduced as a result of the injury or disease; b if the Department is not satisfied that the deceased’s partner was the deceased’s scheme partner for a continuous period of at least two years ending with the later of the dates referred to in (a); c 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 d 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 Department may restore an allowance to a surviving partner if the Department 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” . Amendment of regulation 9 77 In regulation 9 (Child’s allowance) , in paragraph (2), in sub-paragraph (c), for “nominated partner” substitute “surviving scheme partner” . Amendment of regulation 10 78 In regulation 10 (Dependent relative’s allowance) , in paragraph (1), in sub-paragraph (a), for “nominated partner’s” substitute “surviving scheme partner’s” . Amendment of regulation 12 79 In regulation 12 (Lump sum payment on death) , in paragraph (1), in sub-paragraph (b), for “nominated partner” substitute “surviving scheme partner” . PART 7 Amendments to the Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 General 80 The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 are amended as provided by regulation 81. Amendment to regulation 5 81 In regulation 5 (Nominations, notices and declarations), in paragraph 1, in the Table— a In Column 1, omit in full— i the entry starting “A notice given for the purposes of regulation 31E of the 1995 Regulations”; ii the entry starting “A declaration made for the purposes of regulation 68 or 195 of the 2008 Regulations”. b In Column 2, omit in full the entry starting “A declaration made for the purposes of regulation 113 of the 2015 Regulations.”. PART 8 Miscellaneous Option to persons detrimentally affected by these Regulations 82 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 operation. 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 Department within six months of the coming into operation of these Regulations or such longer period as the Department may allow. Sealed with the Official Seal of the Department of Health on 26 July 2022 (L.S.) Philip Rodgers A senior officer of the Department of Health The Department of Finance consents to the foregoing Regulations. Sealed with the Official Seal of the Department of Finance on 26 July 2022 (L.S.) Barry Armstrong A senior officer of the Department of Finance