The National Health Service Pension Schemes (Remediable Service) Regulations 2023
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Change 1
As published
7 Eligibility to make an election: designated persons
(1) This regulation applies where for the purposes of regulation 8, 9 or 12 a designated person may make an election on behalf of a remedy member.
(2) Where this regulation applies, the designated person is—
(a) in the circumstances described in regulation 8(2)(b)(i), 9(2)(b)(i) or 12(2)(b)(i)—
(i) a person who is capable and—
(aa) entitled to a surviving partner pension in relation to that member under Part G of the 1995 Regulations;
(bb) entitled to a surviving adult dependant pension in relation to that member under regulation 2.E.1 or 3.E.1 of the 2008 Regulations; or
(cc) entitled to a surviving adult dependant pension in relation to that member under regulation 113 of the 2015 Regulations; or
(ii) where there is no such person (capable or otherwise), a person who on the date of issue of a remediable service statement in relation to that member (see regulation 6) is aged 18 or over, capable and—
(aa) entitled as the sole dependent child of that member to pension benefits in relation to that member under Part H of the 1995 Regulations (child allowance);
(bb) entitled as the sole dependent child of that member to pension benefits in relation to that member under Chapter 2.E of Part 2 (benefits for officers: death benefits) or Chapter 3.E of Part 3 (benefits for practitioners etc: death benefits) of the 2008 Regulations; or
(cc) entitled as the sole eligible child of that member to pension benefits in relation to that member under Chapter 2 of Part 6 of the 2015 Regulations (survivor benefits: child survivor);
(iii) otherwise, the scheme manager or a person appointed by the scheme manager;
(b) in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(ii), 9(2)(b)(iii)(aa) or 12(2)(b)(ii), the personal representatives of the remedy member;
(c) in the circumstances described in regulation 8(2)(b)(iii), 9(2)(b)(iii)(bb) or 12(2)(b)(iii), the scheme manager or a person appointed by the scheme manager.
(3) For the purposes of paragraph (2)—
(a) a person is capable unless, in the opinion of the scheme manager, that person is, by reason of illness or mental disorder or otherwise, unable to look after their own affairs;
(b) the person appointed by the scheme manager (see paragraph (2)(a)(iii) and (c)) may include, in particular—
(i) the personal representatives of the remedy member;
(ii) the parent or guardian of a dependent or eligible child; or
(iii) a dependent or eligible child.
Your change, as a redline
7 Eligibility to make an election: designated persons
(1) This regulation applies where for the purposes of regulation 8, 9 or 12 a designated person may make an election on behalf of a remedy member.
(2) Where this regulation applies, the designated person is—
(a) in the circumstances described in regulation 8(2)(b)(i), 9(2)(b)(i) or 12(2)(b)(i)—
(i) a person who is capable and—
(aa) entitled to a surviving partner pension in relation to that member under Part G of the 1995 Regulations;
(bb) entitled to a surviving adult dependant pension in relation to that member under regulation 2.E.1 or 3.E.1 of the 2008 Regulations; or
(cc) entitled to a surviving adult dependant pension in relation to that member under regulation 113 of the 2015 Regulations; or
(ii) where there is no such person (capable or otherwise), a person who on the date of issue of a remediable service statement in relation to that member (see regulation 6) is aged 18 or over, capable and—
(aa) entitled as the sole dependent child of that member to pension benefits in relation to that member under Part H of the 1995 Regulations (child allowance);
(bb) entitled as the sole dependent child of that member to pension benefits in relation to that member under Chapter 2.E of Part 2 (benefits for officers: death benefits) or Chapter 3.E of Part 3 (benefits for practitioners etc: death benefits) of the 2008 Regulations; or
(cc) entitled as the sole eligible child of that member to pension benefits in relation to that member under Chapter 2 of Part 6 of the 2015 Regulations (survivor benefits: child survivor);
(iii) otherwise, the scheme manager or a person appointed by the scheme manager;
(b) in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(ii), 9(2)(b)(iii)(aa) or 12(2)(b)(ii), the personal representatives of the remedy member;
(c) in the circumstances described in regulation 8(2)(b)(iii), 9(2)(b)(iii)(bb) or 12(2)(b)(iii), the scheme manager or a person appointed by the scheme manager.
(3) For the purposes of paragraph (2)—
(a) a person is capable unless, in the opinion of the scheme manager, that person is, by reason of illness or mental disorder or otherwise, unable to look after their own affairs;
(b) the person appointed by the scheme manager (see paragraph (2)(a)(iii) and (c)) may include, in particular—
(i) the personal representatives of the remedy member;
(ii) the parent or guardian of a dependent or eligible child; or
(iii) a dependent or eligible child.
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