PENSIONS Citation, commencement and extent 1 1 These Regulations may be cited as the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 and shall come into force— a in so far as these Regulations apply in relation to civil partnerships, on 5th December 2005; and b for all other purposes, on 1st September 2005. 2 These Regulations extend to Northern Ireland . Interpretation 2 1 In these Regulations— “the 2009 Regulations ” means the Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009; “ the Act ” means the Pensions Act 2004; “ the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005; ... “ appropriate person ” means, in relation to an occupational pension scheme— a trustee or manager of the scheme or, where the scheme has fully wound up, a former trustee or manager of that scheme; a professional adviser in relation to the scheme or, where the scheme has fully wound up, a former professional adviser in relation to that scheme; in relation to a scheme which has fully wound up, any insurance company which is paying annuities to former members of that scheme; and any other person appearing to the scheme manager to be a person who holds, or is likely to hold, information relevant to— whether an occupational pension scheme is a qualifying pension scheme; or a qualifying member's entitlement to an annual payment under the FAS Regulations and the amount of such a payment; “ beneficiary ” means a qualifying member or, after his death, his survivor and surviving dependants ; “ member ” includes— a person who was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up where— that payment was attributable to the pensionable service of a former member of that scheme who has died; and the scheme’s pension liabilities in respect of that person have not been satisfied in full; a person who is entitled to, but not in receipt of, a present payment from a qualifying pension scheme where that payment would have been attributable to the pensionable service of a former member of that scheme who died on or after the day on which the scheme began to wind up; and a person who became a pension credit member of the scheme on or after the day on which the scheme began to wind up, and for the purposes of this definition, the day on which the scheme began to wind up shall be determined in accordance with regulation 3 of the FAS Regulations; “ normal retirement age ” means, except in paragraph 1(3) of Schedule 1, in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire; “ personal representative ” means the executor, original or by representation, or administrator for the time being of a deceased person; “potential beneficiary” means any person in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 is to be provided to in accordance with regulation 3(3)(a) to the scheme manager or a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act ; but who has not yet been determined to be a beneficiary; “ qualifying member ” shall be construed in accordance with regulation 15 of the FAS Regulations; “ qualifying pension scheme ” shall be construed in accordance with regulation 9 of the FAS Regulations; “ scheme manager ” shall be construed in accordance with regulation 5 of the FAS Regulations; “scheme’s pension liabilities”, in respect of a member of a qualifying pension scheme, means the liabilities of the scheme to, or in respect of, the member in respect of pensions or other benefits (including increases in pensions); “surviving dependant” shall be construed in accordance with regulation 16B of the FAS Regulations ; “survivor” shall be construed in accordance with regulation 16A of the FAS Regulations ; and other expressions have the meaning given to them in the Pensions Act 2004 or, as the case may be, in the Pensions (Northern Ireland) Order 2005 . 1A In the definition of “normal retirement age” in paragraph (1), “the rules of that scheme” means the rules of the occupational pension scheme on the date on which benefits ceased to accrue to that member. 1B Subject to paragraph (1C), in these Regulations “appointed representative” means a person— a whose name and address, and those appointment by a beneficiary or potential beneficiary for the purposes of providing information to the scheme manager under regulation 4, have been notified to the scheme manager in a document signed by the beneficiary or potential beneficiary in question or by the legal representative of the beneficiary or potential beneficiary; and b whose appointment has been consented to by the scheme manager. 1C Subject to paragraph (1D), where a beneficiary or a potential beneficiary is a child aged less than 18, the scheme manager may regard— a a parent of the child; b a person with parental responsibility within the meaning of section 3 of the Children Act 1989 in relation to the child; c a person with parental responsibility or parental rights under the Children (Scotland) Act 1995 in relation to the child; or d a person with parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995 in relation to the child, as the appointed representative of that child. 1D Where— a no person referred to in paragraph (1C)(a) to (d) is known to the scheme manager, the scheme manager may appoint a person to act as the appointed representative of a child; b more than one person referred to in paragraph (1C)(a) to (d) wishes to act as the child’s representative for the purposes of these Regulations, the scheme manager may appoint one of those persons as the appointed representative of that child. 1E In— a regulation 3(3)(a) (information to be provided by, and to, appropriate persons); b regulation 4 (information to be provided by beneficiaries and potential beneficiaries and their personal representatives); c regulation 5 (method of providing information); d regulation 6(1) (insufficient or unsuitable information); and e paragraph 1(2) of Schedule 1 (information to be provided by appropriate persons), a reference to the scheme manager includes a reference to a person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act and who is authorised by the scheme manager to be the person to whom information is to be provided in accordance with these Regulations. 2 For the purposes of the definition of “appropriate person” in paragraph (1), “ insurance company ” means— a a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and in this paragraph, “ contracts of long-term insurance ” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 . 3 Paragraph (2) shall be read with— a section 22 of Financial Services and Markets Act 2000 (regulated activities); b any relevant order under that section; and c Schedule 2 to that Act. Information to be provided by, and to, appropriate persons 3 1 Where the scheme manager has been notified in accordance with regulation 14 of the FAS Regulations that an occupational pension scheme may be a qualifying pension scheme, an appropriate person shall provide such information to the scheme manager as is necessary for it to determine whether the scheme is a qualifying pension scheme for the purposes of Part 3 of the FAS Regulations, within the period of 6 months beginning on the day on which the scheme manager requests that information or within such longer period as the scheme manager may determine. 2 Where the scheme manager has determined whether or not an occupational pension scheme is a qualifying pension scheme, it shall, no later than 14 days after making that determination— a notify the relevant appropriate person relating to that scheme, in writing, of that determination; and b where the determination is that the scheme is not a qualifying pension scheme, notify that person in writing of the reasons for that determination. 3 Where the scheme manager has determined that an occupational pension scheme is a qualifying pension scheme, the information to be provided to— a the scheme manager; or b all potential beneficiaries, by an appropriate person shall be determined in accordance with the provisions of Schedule 1. Information to be provided by beneficiaries and potential beneficiaries and their personal representatives 4 1 The information to be provided to the scheme manager by beneficiaries and potential beneficiaries shall be determined in accordance with the provisions of Schedule 2. 2 Where a beneficiary or a potential beneficiary dies, his personal representative shall, within the period of 28 days beginning with the date of the death, notify the scheme manager of the death and provide a copy of the death certificate to the scheme manager. Method of providing information 5 1 Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing. 1A Where, under these Regulations, any information is to be provided to the scheme manager, that information shall be provided in such manner and form as the scheme manager may request. 2 Where, under these Regulations— a any information is to be provided to the scheme manager by any beneficiary or potential beneficiary; and b there is an appointed representative in relation to that beneficiary or potential beneficiary, that information shall be provided by or to his appointed representative. 3 Any document sent, or notification given, by an appropriate person to the scheme manager under regulation 3(1) or (3) and Schedule 1 shall include— a the names of the persons sending the document or giving the notification; b the name of the scheme to which the document or notification relates; and c the pension scheme registration number which is allocated to that scheme in the register. 4 Any document sent, or notification given, to the scheme manager by any beneficiary or potential beneficiary under regulation 4(1) and Schedule 2, or by the personal representative of a such a person under regulation 4(2), shall include, in relation to that person— a the name, address, date of birth and national insurance number of that person; b where the beneficiary or potential beneficiary concerned is, or purports to be, a survivor or surviving dependant , the name and date of birth of the qualifying member from whom that person has accrued pension rights; c the name of the employer in relation to the scheme in which that qualifying member's pension rights accrued; and d the address or location of a place of business of that employer. Insufficient or unsuitable information 6 1 Where the scheme manager— a has not been provided with the information or evidence required to be provided to it under regulation 3(1) or (3) or 4(1) or Schedule 1 or 2 within the period allowed for in that regulation or those Schedules; b is of the opinion that it has insufficient information or evidence; or c has been provided with such information or evidence but in an inappropriate form or manner, the scheme manager may , at any time after the expiry of the relevant period prescribed in that regulation or those Schedules, refuse to make a determination in relation to the matters in respect of which that information and evidence was, or was to have been, provided and shall notify the person who provided, or was to have provided, the information and evidence in writing accordingly. 2 The scheme manager shall only be bound to make a determination in relation to the matters specified in paragraph (1) once it receives the information or evidence or receives it in an appropriate form or manner. Recovery of overpayments 7 1 The scheme manager shall be entitled to recover the amount of any payment made to any person, in excess of the beneficiary's entitlement any entitlement, under Part 5 of the FAS Regulations where it has been determined that an amount has been so paid. 2 An amount recoverable under paragraph (1) is recoverable from— a the beneficiary (or other person to whom such a payment was made) ; b his the beneficiary’s appointed representative for the purposes of the FAS Regulations; or c the beneficiary's estate (or the estate of any other person to whom such a payment was made) . 3 An amount recoverable under paragraph (1) may, without prejudice to any other method of recovery, be recovered by abating future payments made under Part 5 of the FAS Regulations. 4 An amount recovered by the scheme manager under paragraph (1) must be paid to the Secretary of State. Suspension of payments 8 1 Payment of ... instalments under regulation 19 of the FAS Regulations may be suspended, in whole or in part, where the scheme manager is of the opinion that a beneficiary person receiving payments may not be entitled to receive payments under those Regulations. 2 The suspension in paragraph (1) shall continue until such time as the scheme manager is satisfied as to the beneficiary's that person’s entitlement to a payment under those Regulations. Signed by authority of the Secretary of State for Work and Pensions. Stephen C. Timms Minister of State, Department for Work and Pensions