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Pensions Bill

moved Amendments Nos. 130DM to 130DR: 130DM: Schedule 4, page 73, line 9, leave out ““or widower”” and insert ““, widower or surviving civil partner (““the surviving partner””)”” 130DN: Schedule 4, page 73, line 10, leave out ““widow or widower”” and insert ““surviving partner”” 130DP: Schedule 4, page 73, line 27, at end insert— ““( ) For the purposes of this paragraph, a person’s entitlement under paragraph 6 is to be determined disregarding paragraph 11D(1)(b) (successful applicant for terminal illness lump sum loses entitlement to periodic compensation).”” 130DQ: Schedule 4, page 73, line 28, leave out ““widow or widower”” and insert ““surviving partner”” 130DR: Schedule 4, page 75, line 13, at end insert— ““Terminal illness lump sum: eligibility 11A (1) This paragraph applies where all of the following conditions are met— (a) the transferee is terminally ill; (b) if the transferee lived to the relevant age, he or she would become entitled on attaining that age to compensation under paragraph 6 in respect of the pension compensation credit; (c) the transferee has not yet become entitled to any compensation under this Chapter in respect of the pension compensation credit; (d) the whole or any part of the transferee’s lifetime allowance is available. (2) The transferee may make an application to the Board to commute the future entitlement mentioned in sub-paragraph (1)(b) for a lump sum (““a terminal illness lump sum””) payable on the granting of the application. (3) For the purposes of this Chapter a person is ““terminally ill”” at any time if at that time the person suffers from a progressive disease and the person’s death in consequence of that disease can reasonably be expected within 6 months. (4) In this paragraph— ““lifetime allowance””, in relation to a person, has the same meaning as in Part 4 of the Finance Act 2004 (c. 12) (pension schemes etc) (see section 218 of that Act); ““relevant age””, in relation to a person, means— (a) in relation to compensation entitlement to which has been accelerated or deferred under regulations under paragraph 10 or (as the case may be) 11, the age at which the person becomes entitled to the compensation in accordance with the regulations; (b) in relation to compensation entitlement to which has not been so accelerated or deferred, pension compensation age. Terminal illness lump sum: application and evidence 11B An application for a terminal illness lump sum— (a) must be made in writing, either on a form approved by the Board for the purposes of this paragraph or in such other manner as the Board may accept as sufficient in the circumstances of the case; (b) must be accompanied by such information as the Board may require for the purpose of determining the application. Terminal illness lump sum: determination of application 11C (1) The Board must determine an application for a terminal illness lump sum in accordance with this paragraph. (2) The Board must— (a) if satisfied that the conditions in paragraph 11A(1) are met, grant the application; (b) in any other case (subject to sub-paragraph (3)), reject the application. (3) The Board may hold over the application for determination at a later date if it is satisfied that— (a) although the condition in paragraph 11A(1)(a) is not met, the transferee suffers from a progressive disease and may become terminally ill within six months, and (b) the conditions in paragraph 11A(1)(b) to (d) are met. Terminal illness lump sum: effect of successful application 11D (1) If the Board grants an application for a terminal illness lump sum, the transferee— (a) becomes entitled to a terminal illness lump sum calculated in accordance with this paragraph, and (b) loses the entitlement he or she otherwise would have had on attaining the relevant age to compensation under paragraph 6 in respect of the pension compensation credit. (2) The amount of the terminal illness lump sum is 2 times the amount to which the transferee would have been entitled under paragraph 6 in respect of the pension compensation credit in the year following the granting of the application, if he or she had attained the relevant age on the granting of the application. (3) In this paragraph ““the relevant age”” has the same meaning as in paragraph 11A. Terminal illness lump sum: information 11E (1) Relevant information held by the Secretary of State about an individual may be disclosed to the Board for use for a purpose relating to its functions under paragraphs 11A to 11D. (2) In sub-paragraph (1) ““relevant information”” means information held for the purposes of any function of the Secretary of State relating to— (a) social security, or (b) any scheme made under section 286 of the Pensions Act 2004 (c. 35) (financial assistance scheme).”” On Question, amendments agreed to. Schedule 4, as amended, agreed to. Clause 100 [Charges in respect of pension compensation sharing costs]: