Part of Pensions (Special Rules for End of Life) Bill – in a Public Bill Committee am 10:00 am ar 24 Ebrill 2024.
I am grateful for that intervention; it is a good question. Not being a medical person, I assume it would bring some more illnesses within the definition, but it will not affect a huge number of people. As I say, the Bill is fairly narrow in scope. What I hope it will do is prompt the providers of other pension schemes to consider adopting the 12-month period rather than six months. Yes, I am sure it will bring in more people with various illnesses. Not being a medic, I would hesitate to go any further, but that is a good point.
Clause 1(3) and (4) make similar provisions to subsections (1) and (2) but for Northern Ireland, amending the definition of terminal illness in respect of Pension Protection Fund compensation payments. Subsection (3) amends schedule 6 to the Pensions (Northern Ireland) Order 2005 and subsection (4) amends schedule 4 to the Pensions (No. 2) Act (Northern Ireland) 2008. Again, both substitute six months for 12 months.
I have a few more provisions to read through yet; I apologise to the Committee. Subsection (5) amends the definition of terminal illness and the period of life expectancy in relation to progressive disease in regulations 2(9) and 17(3D) of the Financial Assistance Scheme Regulations 2005. Again, both substitute six months for 12 months.
Subsections (1) and (2) of clause 2 focus on the territorial extent of the Pension Protection Fund. Subsection (1) iterates the relevant subsections of clause 1 that extend to England, Wales and Scotland—that being subsections (1) and (2) of clause 1. Subsection (2) iterates the relevant subsections of clause 1 wherein the territorial extent covers Northern Ireland—that being subsections (3) and (4) of clause 1. Subsection (3) of clause 2 focuses on the territorial extent of the financial assistance scheme, wherein subsection (5) of clause 1—applying to all three clauses—extends to England, Wales, Scotland and Northern Ireland.
Subsections (4), (5) and (6) of clause 2 focus on commencement and protocol. Specifically, subsection (4) provides that subsections (1), (2) and (5) of clause 1, relating to PPF and FAS, will come into force on the day appointed in regulations made by the Secretary of State. That determines that the relevant amendments to the definition of terminal illness are determined on a day of the Secretary of State for Work and Pensions’ choosing. Subsection (5) of clause 2 provides that subsections (3) and (4) of clause 1 relating to Northern Ireland will come into force on the day that the Department for Communities in Northern Ireland appoints by order.
I have covered this a bit, but will read it anyway. Going back to the point raised earlier, I am aware that the content of subsections (4) and (5) of clause 2 relating to commencement caused some concern on Second Reading—demonstrated again via an intervention today—given that it leaves the issue in an undefined position. I want to repeat the words of the Minister for Employment, my hon. Friend Jo Churchill, at the Dispatch Box. She explained:
“It is the intention for that”— the day appointed by the Secretary of State—
“to be as soon as practicable after Royal Assent, to ensure that all measures relating to the Pension Protection Fund and financial assistance scheme come in at the same time.”—[Official Report,
Again, I am sure the Minister will comment on that further today.
To return to the Bill, which I have to do, subsection (6) provides that clauses 2 and 3—on territorial extent and commencement, and the long title respectively— will come into force on Royal Assent. Subsections (7) and (8) of clause 2 provide that regulations made under subsection (4), relating to the Secretary of State for Work and Pensions, or an order made under subsection (5), relating to the Department for Communities in Northern Ireland, may contain transitional or saving provisions.