Statutory Instruments

2005 No. 2189

PENSIONS

The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

Made

4th August 2005

Laid before Parliament

11th August 2005

Coming into force in accordance with regulation 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 168, 190(1)(a) and (2), 203(1), 315(2), (4) and (5) and 318(1) and (5) of the Pensions Act 2004 , and of all other powers enabling him in that behalf, by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which they are made , makes the following Regulations:

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)

a trustee or manager of the scheme or, where the scheme has fully wound up, a former trustee or manager of that scheme;

(b)

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;

(c)

in relation to a scheme which has fully wound up, any insurance company which is paying annuities to former members of that scheme; and

(d)

any other person appearing to the scheme manager to be a person who holds, or is likely to hold, information relevant to—

(i)

whether an occupational pension scheme is a qualifying pension scheme; or

(ii)

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)

a person who was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up where—

(i)

that payment was attributable to the pensionable service of a former member of that scheme who has died; and

(ii)

the scheme’s pension liabilities in respect of that person have not been satisfied in full;

(b)

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

(c)

a person who became a pension creditmember 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

(a)

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

(b)

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);

(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

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

(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;

(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

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

(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

Regulation 3(3)

SCHEDULE 1 INFORMATION TO BE PROVIDED BY APPROPRIATE PERSONS

1. —(1) In this Schedule, “ notification date ” means the day on which the scheme manager notifies the appropriate person that it has determined that a scheme is a qualifying pension scheme.

(2) Subject to sub-paragraph (2A), Information to be provided to the scheme manager or all potential beneficiaries by appropriate persons shall be determined in accordance with the table of information set out below—

Table of information to be provided by appropriate persons

Description of persons to whom information is to be provided	Description of information to be provided	Period during which information is to be provided
The scheme manager.	The identity of those individuals within the appropriate person's organisation who will have responsibility for providing information to the scheme manager.	The period of 28 days beginning on the notification date.
The scheme manager.	Details of any change in the address or telephone number— (a) in relation to a qualifying pension scheme which is winding up, of the trustees or managers of the scheme; (b) in relation to a qualifying pension scheme which has wound up, of the appropriate person who has responsibility for providing information to the scheme manager.	The period of 5 days beginning on the day on which the change took place.
The scheme manager.	Any change in the identity of the individuals who have been notified to the scheme manager as having responsibility for providing information to the scheme manager.	The period of 14 days beginning on the day on which the change took place.
The scheme manager.	In relation to each member or former member or any survivor or surviving dependant of a member or former member, of a qualifying pension scheme to whom, or in respect of whom, a payment might be made under the FAS Regulations— (a) his full name; (b) his date of birth; (c) his address and telephone number; (d) his national insurance number; (e) where that member or former member has died, the date of his death; (f) his marital or civil partnership status; (fa) such information as is necessary to determine if the member or former member has a survivor or any surviving dependants; (g) such evidence as is necessary to prove that the member or former member is, or was, a member of that scheme; (h) his normal retirement age; (i) information necessary to determine the amount of pension to which he would have been entitled from the scheme if the scheme's liabilities to the member or former member had been satisfied in full; (j) where applicable, the annual rate of annuity which can be purchased for him with the assets available to be used to discharge the liability of the scheme to him, after the liabilities of the scheme have been determined in accordance with section 73 of the Pensions Act 1995 or Article 73 of the Pensions (Northern Ireland) Order 1995 (preferential liabilities on winding up) or, where that section or Article does not apply, the rules of that scheme; (ja) where applicable, the annual rate of annuity which has been purchased for or in respect of a beneficiary or potential beneficiary, the amount paid for that annuity, the date on which it was purchased and the name, address and telephone number of the annuity provider; (jb) where applicable, information detailing whether a purchased annuity included revaluation, indexation or payments at or in respect of ages other than normal retirement age and if so, the relevant rate secured and the dates at which such payments or increases are payable; (jc) where applicable, the amount of any transfer payment, interim pension or lump sum (including any winding-up lump sum) made after the day on which the scheme began to be wound up and the dates on which those amounts were paid; (jd) where applicable, any amount paid to restore the state scheme rights of a member or former member of the scheme and the date on which that amount was paid; (k) the sum which is available to be used to discharge the liability of the scheme to him when the scheme is fully wound up; and (l) where the information referred to in paragraphs (i) to (k) cannot be provided or where that information might be inappropriate or inaccurate in a particular case or will not be sufficient to enable a reviewable determination to be made , such other information from which the amount of his actual pension, expected pension and interim pension for the purposes of Schedule 2 or Schedule 2A to the FAS Regulations may be derived.	In accordance with sub-paragraphs (3) and (4).
All potential beneficiaries of the scheme and all former members of the scheme who are qualifying members.	In relation to a qualifying pension scheme which is winding up, notification that the scheme manager has determined that the scheme is, or is not, a qualifying pension scheme.	The period of 28 days beginning on the notification date.
The scheme manager.	In relation to a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations , medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of those Regulations.	The period of 14 days beginning on the day on which the scheme manager requests the information.
The scheme manager	Any changes to information provided in accordance with these Regulations.	The period of 14 days beginning on the day on which the change took place.
The scheme manager	Details of all expenditure incurred by the scheme in each period of 3 months (or such shorter or longer period as the scheme manager may determine in relation to a qualifying pension scheme), the first such period beginning on the date determined by the scheme manager in respect of the qualifying pension scheme.	The period of 14 days following the end of the period to which the information relates.
The scheme manager	Details of any significant changes in the level of expenditure incurred by the scheme.	The period of 14 days beginning on the day on which the change took place.
The scheme manager	Details of any contemplated significant changes in the investment of the scheme’s assets	The period of 14 days beginning on the day on which the appropriate person becomes aware of any such contemplated changes
The scheme manager	Details of any— (a) legal actions or proceedings; (b) contemplated legal actions or proceedings; (c) complaints made, or disputes or questions referred, to the Pensions Ombudsman under Part 10 of the Pension Schemes Act 1993 or, as the case may be, Part 10 of the Pension Schemes (Northern Ireland) Act 1993; or (d) arbitration, dispute resolution procedures or negotiations intended to lead or leading to a settlement or compromise of any legal action or proceeding, relating to a qualifying pension scheme.	The latest of— (a) the period of 28 days beginning on the day on which the 2009 Regulations come into force; (b) the period of 28 days beginning on the notification date; or (c) the period of 28 days beginning on the day on which the appropriate person becomes aware of any of the matters in the second column.
The scheme manager	Details of— (a) the assets of the qualifying pension scheme (including any assets representing the value of any rights in respect of money purchase benefits under scheme rules) including the value of those assets; (b) the amount of any debt due from the employer under section 75 of the Pensions Act 1995 or Article 75 of the Pensions (Northern Ireland) Order 1995; (c) the amount of any significant debt due to the scheme which is not a debt within paragraph (b); (d) any amounts due to the trustees or managers of the scheme following the issue of a contribution notice under section 38, 47 or 55 of the Act or Article 34, 43 or 51 of the Pensions (Northern Ireland) Order 2005; (e) any financial support direction issued under section 43 of the Act or Article 39 of the Pensions (Northern Ireland) Order 2005 in relation to the scheme; (f) any restoration order made under section 52 of the Act or Article 48 of the Pensions (Northern Ireland) Order 2005 in respect of a transaction involving assets of the scheme; and (g) the amount of any contributions expected to be made towards the scheme and the person from whom the contributions are expected.	The period of 28 days beginning on the later of— (a) the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 came into force; (b) the notification date; (c) the day on which the appropriate person became aware of any debt referred to in paragraph (c) in the second column or the amount of any contributions referred to in paragraph (g) in the second column, or such longer period as the scheme manager may determine for the provision of that information.

(2A) Where the scheme manager is satisfied that some or all of the information to be provided in accordance with the table in sub-paragraph (2) is not relevant to the exercise of its functions, it may determine that any such information need not be provided.

(3) Subject to sub-paragraphs (3A) and (4), the period for information to be provided in relation to each member or former member or any survivor or surviving dependant of a member or former member of a qualifying pension scheme is—

(a) in relation to each member or former member who has not attained normal retirement age on or before the date which is 6 months after the date on which the 2009 Regulations come into force, the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age;

(b) in relation to each member or former member who has attained normal retirement age on or before the date on which the 2009 Regulations come into force, the period ending 3 months after that date;

(c) in relation to any survivor or surviving dependant for or in respect of whom an annuity has been purchased and is in payment before the date on which the 2009 Regulations come into force, the period ending 3 months after those Regulations come into force; or

(d) in relation to any survivor or surviving dependant of a qualifying member who dies after the date on which the 2009 Regulations come into force, the period ending one month after the day on which the appropriate person became aware that the qualifying member has died.

(3A) Where—

(a) accurate information of the description specified in the table in sub-paragraph (2) can be provided before the period determined in accordance with sub-paragraph (3), the period for information to be provided is the period ending as soon as that accurate information can be provided;

(b) the scheme manager determines that the information can be, and should be, provided in a period other than the period determined in accordance with sub-paragraph (3), scheme manager may determine the period for the provision of that information; and

(c) information has been requested by the scheme manager in accordance with these Regulations before the date on which the 2009 Regulations come into force, the information shall be provided by the date determined by the scheme manager in that request.

(4) Where the information is to be provided in relation to a person who is terminally ill or unable to work due to ill health, the period is the period of 14 days beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.

( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In sub-paragraphs (3) and (4), “normal retirement age” and “terminally ill” have the meanings given by the FAS Regulations .

2. —(1) This paragraph applies where the scheme manager has made arrangements with a person under paragraph 18 of Schedule 5 to the Act (as modified by Schedule 1 to the FAS Regulations ) and the scheme manager has authorised that person to be the person to whom information is to be provided in accordance with these Regulations.

(2) Where this paragraph applies, appropriate persons shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act .

Regulation 4(1)

SCHEDULE 2 INFORMATION TO BE PROVIDED BY BENEFICIARIES AND POTENTIAL BENEFICIARIES

1. Information to be provided by beneficiaries and potential beneficiaries to the scheme manager shall be determined in accordance with the table of information set out below—

Table of information to be provided by beneficiaries and potential beneficiaries

Description of persons by whom information is to be provided	Description of information to be provided	Period during which information is to be provided
Any potential beneficiary relating to a qualifying pension scheme which has fully wound up.	In relation to that potential beneficiary— (a) such evidence as is necessary to prove that he was either a qualifying member of that scheme or the survivor of such a member; (b) his name, address, date of birth and national insurance number; (c) information from which his actual pension, expected pension and interim pension for the purposes of Schedule 2 to the FAS Regulations may be derived.	The period of 2 months beginning on the day on which the scheme manager requested the information or during such longer period as the scheme manager may determine for the provision of that information.
Any beneficiary whose address is changed.	Details of any change in the address of that beneficiary.	(a) Except where paragraph (b) applies, the period of 8 weeks beginning four weeks before the day on which the change will take place; (b) Where the beneficiary was not aware of the change at the beginning of the period referred to in paragraph (a), the period of 8 weeks beginning on the day on which he became aware of the change.
Any qualifying member whose marriage ends in divorce.	Notification of the divorce and a copy of the decree or final order of divorce.	The period of 28 days beginning on the day on which the decree became absolute or the conditional order is made final .
Any qualifying member who has married or remarried.	Notification of the marriage and a copy of the marriage certificate.	The period of 28 days beginning on the day of the marriage or remarriage.
Any qualifying member who enters into a civil partnership.	Notification of the civil partnership and a copy of the civil partnership certificate.	The period of 28 days beginning on the day on which the civil partnership was entered into.
Any qualifying member whose civil partnership is dissolved.	Notification of the dissolution of the civil partnership and a copy of the dissolution certificate.	The period of 28 days beginning on the day of the dissolution.
Where the beneficiary or potential beneficiary terminates the appointment of his appointed representative, or where there is any change in the address of an appointed representative, the beneficiary or potential beneficiary who appointed that appointed representative.	Notification of the termination or of the change in the address of the appointed representative and the date on which the termination or change became effective.	The period of 28 days beginning on the day on which the termination or change became effective.
Any qualifying member (or that member’s relevant representative within the meaning of regulation 17C of the FAS Regulations ) who makes a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations .	Medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of the FAS Regulations	The period of 14 days beginning on the day on which the scheme manager requests the information.

(2) Where this paragraph applies, beneficiaries and potential beneficiaries shall be notified of the identity of the person so authorised in writing by—

(a) the scheme manager; or

(b) the person with whom the scheme manager has made arrangements under paragraph 18 of Schedule 5 to the Act .

footnote	commentary	in force status	geo extent	insert/omit
F1	Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(a)(i)			inserted
F2	Words in reg. 2(1) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(a)(ii)			omitted
F3	Words in reg. 2(1) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(a)(iii)			inserted
F4	Words in reg. 2(1) inserted (1.4.2010) by The Pensions Act 2008 (Commencement No. 7 and Saving, Consequential and Incidental Provisions) Order 2010 (S.I. 2010/1145) , art. 4(2)(a) (3)			inserted
F5	Words in reg. 2(1) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903) , regs. 1 , 17			inserted
F6	Words in reg. 2(1) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(2)(a)			substituted
F7	Words in reg. 2(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(a)(iv)			substituted
F8	Words in reg. 2(1) inserted (1.4.2010) by The Pensions Act 2008 (Commencement No. 7 and Saving, Consequential and Incidental Provisions) Order 2010 (S.I. 2010/1145) , art. 4(2)(b) (3)			inserted
F9	Words in reg. 2(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(a)(v)			substituted
F10	Reg. 2(1A)-(1E) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(2)(b)			inserted
F11	Reg. 2(2)(b) and word omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192) , regs. 1 , 24(2) ; 2020 c. 1 , Sch. 5 para. 1(1)			omitted
F12	Word in reg. 3(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(3)			substituted
F13	Word in reg. 3(2) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(4)(a)			substituted
F14	Word in reg. 3(3)(a) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(3)(a)			substituted
F15	Reg. 3(3)(b) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(3)(b)			substituted
F16	Reg. 5(1A) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(2)		inserted: England, Wales and Scotland	inserted
F17	Words in reg. 5(4)(b) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(5)			inserted
F18	Word in reg. 6(1)(a) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(3)			substituted
F19	Word in reg. 6 substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(4)(b)			substituted
F20	Words in reg. 6(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(6)			substituted
F21	Words in reg. 7(1) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(3)(a)(i)		inserted: England, Wales and Scotland	inserted
F22	Words in reg. 7(1) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(3)(a)(ii)		substituted: England, Wales and Scotland	substituted
F23	Words in reg. 7(2)(a) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(3)(b)(i)		inserted: England, Wales and Scotland	inserted
F24	Words in reg. 7(2)(b) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(3)(b)(ii)		substituted: England, Wales and Scotland	substituted
F25	Words in reg. 7(2)(c) inserted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(3)(b)(iii)		inserted: England, Wales and Scotland	inserted
F26	Reg. 7(4) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(7)			inserted
F27	Word in reg. 8(1) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(8)			omitted
F28	Words in reg. 8(1) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(4)(a)		substituted: England, Wales and Scotland	substituted
F29	Words in reg. 8(2) substituted (E.W.S.) (19.12.2007) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581) , regs. 1(1) , 8(4)(b)		substituted: England, Wales and Scotland	substituted
F30	Word in Sch. 1 para. 1(1) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(4)(c)			substituted
F31	Words in Sch. 1 para. 1(2) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(2)			inserted
F32	Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(a)			substituted
F33	Words in Sch. 1 para. 1(2) inserted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(b)(i)			inserted
F34	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(i) , 32(9)(aa)			inserted
F35	Words in Sch. 1 para. 1(2) inserted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(b)(ii)			inserted
F36	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(i) , 32(9)(bb)			inserted
F37	Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(b)(iii)			substituted
F38	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(i) , 32(9)(cc)			inserted
F39	Word in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(b)(iv)			substituted
F40	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(i) , 32(9)(dd)			inserted
F41	Words in Sch. 1 para. 1(2) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903) , regs. 1 , 18(a)(i)			inserted
F42	Words in Sch. 1 para. 1(2) substituted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903) , regs. 1 , 18(a)(ii)			substituted
F43	Words in Sch. 1 para. 1(2) substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(4)(c)			substituted
F44	Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(2)(a)			inserted
F45	Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(2)(b)			inserted
F46	Words in Sch. 1 para. 1(2) inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(2)(c)			inserted
F47	Words in Sch. 1 para. 1(2) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(3)(a)			inserted
F48	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(aa)			inserted
F49	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(bb)			inserted
F50	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(cc)			inserted
F51	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(dd)			inserted
F52	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(ee)			inserted
F53	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(ff)			inserted
F54	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(gg)			inserted
F55	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(hh)			inserted
F56	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(a)(ii)			inserted
F57	Words in Sch. 1 para. 1(2) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(a)(ii) , 32(9)(jj)			inserted
F58	Words in Sch. 1 para. 1(2) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(3)(b)(i)			inserted
F59	Words in Sch. 1 para. 1(2) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(3)(b)(ii)			inserted
F60	Words in Sch. 1 para. 1(2) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(3)(b)(iii)			inserted
F61	Sch. 1 para. 1(2A) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(4)			inserted
F62	Sch. 1 para. 1(3)-(7) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903) , regs. 1 , 18(b)			inserted
F63	Sch. 1 para. 1(3)(3A) substituted for Sch. 1 para. 1(3) (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(b)			substituted
F64	Sch. 1 para. 1(5)(6) omitted (10.7.2009) by virtue of The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(9)(c)			omitted
F65	Sch. 1 para. 2 inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(10)			inserted
F66	Word in Sch. 2 para. 1 substituted (24.11.2005) by Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256) , regs. 1(1) , 6(5)			substituted
F67	Words in Sch. 2 para. 1 substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149) , regs. 1 , 19(5)			substituted
F68	Words in Sch. 2 table inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237) , Sch. para. 5(2)(a)	this amendment (inserted text) is marked as yet to come into force, see the commentary.		inserted
F69	Words in Sch. 2 table inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237) , Sch. para. 5(2)(b)	this amendment (inserted text) is marked as yet to come into force, see the commentary.		inserted
F70	Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(3)(a)			inserted
F71	Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(3)(b)			inserted
F72	Words in Sch. 2 para. 1 inserted (27.3.2009) by Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792) , regs. 1(1) , 11(3)(c)			inserted
F73	Sch. 2 para. 2 inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851) , regs. 1 , 32(11)			inserted
M1	2004 c. 35 . Sections 168, 190 and 203 are modified respectively by the Financial Assistance Scheme Regulations 2005 (S.I.2005/1986) , regulation 4 and Schedule 1, paragraphs 4, 5 and 15. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.
M2	See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.
M3	See regulation 4(3) of S.I.2005/1986 .
M4	S.I.2005/255 (N.I.1) .
M5	2000 c. 8 .
M6	S.I.2001/544 .
M7	1995 c. 26 . Section 73 is substituted by the Pensions Act 2004 (c. 35) , section 270(1) but see article 2(8) of S.I.2005/275 (C.10).
M8	S.I.1995/3213 (N.I.22) . Article 73 is substituted by the Pensions (Northern Ireland) Order 2005 (S.I.2005/255 (N.I.1)) , Article 247(1) but see Article 2(8) of S.R. 2005 No. 48 (C.5).

Defined Term	Section/Article	ID
appointed representative	reg. 2.	appointed__rtq4uy9
appropriate person	reg. 2.	legTermJZ2jRD2e
appropriate person	reg. 2.	appropriat_rtQl0FS
beneficiary	reg. 2.	legTermA7m9wRIv
contracts of long-term insurance	reg. 2.	legTermVfhlXJHS
insurance company	reg. 2.	legTermWK7ljpeb
member	reg. 2.	legTermM4RBJR9W
normal retirement age	para SCHEDULE 1	normal_ret_rtm5EQZ
normal retirement age	reg. 2.	legTermnZ4wd74V
notification date	para SCHEDULE 1	legTermKljYnTE1
personal representative	reg. 2.	legTermRh0me9Nr
potential beneficiary	reg. 2.	“potential_lgsQsO6
qualifying member	reg. 2.	legTermFtl3Wwmf
qualifying pension scheme	reg. 2.	legTermC4ZkWOp3
scheme manager	reg. 2.	legTermIhctcKwQ
scheme’s pension liabilities	reg. 2.	scheme’s_p_rtiFFo6
surviving dependant	reg. 2.	surviving__rtLi8g3
survivor	reg. 2.	survivor_rtpcKoK
terminally ill	para SCHEDULE 1	terminally_rtlFLmc
the FAS Regulations	reg. 2.	legTermxfZDUgW9

2005 No. 2189

The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

Citation, commencement and extent

Interpretation

Information to be provided by, and to, appropriate persons

Information to be provided by beneficiaries and potential beneficiaries and their personal representatives

Method of providing information

Insufficient or unsuitable information

Recovery of overpayments

Suspension of payments

SCHEDULE 1 INFORMATION TO BE PROVIDED BY APPROPRIATE PERSONS

SCHEDULE 2 INFORMATION TO BE PROVIDED BY BENEFICIARIES AND POTENTIAL BENEFICIARIES

Status of changes to instrument text