COMP Compensation Sourcebook

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COMP INTRO B

Introduction 1B

COMP INTRO 1B

Foreword

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(This Foreword to the Compensation sourcebook does not form part of COMP.)
The Act requires the PRA to make rules establishing a scheme for compensating consumers in cases where: (i) authorised firms are unable, or likely to be unable, to satisfy claims against them; or (ii) persons who have assumed responsibility for liabilities arising from acts or omissions of authorised firms ("successors") are unable, or likely to be unable, to satisfy claims against the successors that are based on those acts or omissions. The body established to operate and administer the compensation scheme is the Financial Services Compensation Scheme Limited (FSCS). By making rules that allow the FSCS to pay compensation to retail consumers and small businesses, focusing protection on those who need it most, the compensation scheme rules form an important part of the toolkit the PRA will use to meet its statutory objectives. This module of the PRA Handbook contains the rules and guidance that allow the Financial Services Compensation Scheme Limited to pay claims for compensation or secure continuity of insurance when an authorised person is unable or likely to be unable to meet claims against it. The rules specify who is eligible to receive compensation and in what circumstances, how much compensation can be paid to a claimant; and how the scheme will be funded. The compensation rules are of interest to consumers. The rules apply to the FSCS and to authorised firms.
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The Sourcebook is divided into 17 Chapters covering all aspects of the scheme:
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Chapter 1: Introduction and Overview
This chapter provides an introduction to the FSCS rules and a table of question and answers that may be of interest to consumers.
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Chapter 2: The FSCS
This chapter gives the FSCS the duty to administer the compensation scheme. It also sets out the general conditions the FSCS must follow when administering the scheme such as having regard to the efficient and economic use of resources, the requirement to publish an Annual Report, and the duty to ensure consumers are informed about how they can make a claim. The rules in this chapter also require the FSCS to have in place procedures for dealing with complaints.
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Chapter 3 The qualifying conditions for paying compensation
This chapter sets out the main qualifying conditions that must be satisfied before the FSCS can pay compensation to claimants or take steps to secure continuity of insurance. These are that a claimant is eligible to claim; the activity that gave rise to the loss is protected by the scheme; the firm against which the claim is being made is protected by the scheme; and that the claimant has assigned his rights to the scheme. Chapters 4 to 7 expand on the general conditions described in Chapter 3.
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Chapter 4 Eligible claimants
This chapter specifies who is eligible to receive compensation or benefit from the continuity of insurance provided by the FSCS.
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Chapter 5 What is a protected claim?
This chapter specifies the activities that are protected by the FSCS.
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Chapter 6 Relevant persons in default
This chapter specifies the circumstances when a firm is in default, that is, when a firm is to be taken as being unable or likely to be unable to meet claims against it. The FSCS can only pay compensation, take steps to secure continuity of insurance, or provide assistance to an insurer in financial difficulties if the circumstances specified in Chapter 6 are met.
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Chapter 7 Assignment or subrogation of rights
This chapter enables the FSCS to make an offer of compensation conditional on the claimant assigning to it their rights to claim against the failed firm. If the FSCS recovers from the firm a greater sum than it has paid to the claimant, it must pay the balance to the claimant.
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Chapter 8 Rejection of application and withdrawal of offer
This chapter allows the FSCS to reject an application for compensation or withdraw an offer of compensation in specified circumstances.
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Chapter 9 Time limits on payment and postponing payment
This chapter requires the FSCS to pay a claim for compensation within a specified time unless specified conditions apply.
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Chapter 10 Limits on the amount of compensation payable
This chapter specifies the maximum amount of compensation the FSCS can pay to a claimant, and the limits on the FSCS's duty to secure continuity of insurance for policyholders. Different limits apply depending on whether a claim is for a deposit, a claim on an insurance policy, or a claim in connection with an investment.
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Chapter 11 Payment of compensation
This chapter specifies to whom the FSCS may pay compensation. In certain circumstances compensation may be paid to a person other than the claimant.
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Chapter 12 Calculating compensation
This chapter specifies how the FSCS will calculate the amount of compensation it can pay to a claimant.
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Chapter 13 Funding
Chapter 13 relating to the funding of the FSCS has now been deleted. The funding provisions for the FSCS are now contained in FEES 6 instead and allow the FSCS to make levies on authorised firms to fund the operation of the scheme, to pay compensation or secure continuity of insurance. FEES 6 specifies how FSCS can make levies, how costs are to be allocated, the maximum the FSCS can levy in any particular period of time, and how sums recovered from failed firms are to be treated.
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Chapter 14 Participation by EEA firms
This chapter sets out the way the FSCS deals with incoming EEA firms who may choose to top-up into the FSCS to supplement the compensation available from their home state scheme.
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Chapter 15 Protected deposits: Payments from other schemes
This chapter provides for the FSCS to have the power to pay compensation on behalf of another compensation scheme or government and to recover the sums paid.
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Chapter 16 Disclosure requirements for firms that accept deposits
This chapter sets out the format, frequency and method of communication that deposit-taking firms must use in informing eligible customers that their deposits are covered by the FSCS. It also requires deposit-taking firms to inform their customers if their deposits are not covered by the FSCS.
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Chapter 17 Systems and information requirements for firms that accept deposits
This chapter sets out the information required by the FSCS to make deposit compensation payments to eligible depositors. This chapter also sets out the electronic requirements connected to the information contained within each Single Customer View, including the requirement to flag eligible depositor accounts, aggregate accounts held by each eligible depositor to provide a consistent view of each eligible depositor, perform a limit check on each aggregated Single Customer View and enable the electronic submission of the Single Customer View to the FSCS. This chapter also outlines a threshold below which the electronic requirements connected to the Single Customer View are not mandatory.
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Export chapter as

COMP 1

Introduction and Overview

COMP 1.1

Application, Introduction, and Purpose

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Application

COMP 1.1.1

handbook-guidance
This chapter is relevant to:
(1) the FSCS;
(2) eligible claimants; and
(3) firms.

COMP 1.1.2

handbook-guidance
This sourcebook is principally relevant to the FSCS. It sets out the circumstances in which compensation may be paid, to whom compensation may be paid, and on whom the FSCS can impose levies to meet the costs of paying compensation (see in particular COMP 3, 4, and FEES 6 ). It also describes how the FSCS is to calculate compensation in particular cases (see COMP 12).

COMP 1.1.3

handbook-guidance
Claimants and their advisers will be particularly interested in the sections of this sourcebook which deal with eligibility for claiming compensation, the way that the FSCS calculates compensation, and how they can make a claim. For convenience, the relevant parts of this sourcebook are highlighted in a list of questions and answers in COMP 1.3.3 G.

COMP 1.1.4

handbook-guidance
Firms will be particularly interested in FEES 6 , which deals with levies, COMP 16 which deals with disclosure requirements for firms that accept deposits and COMP 17 which deals with systems and information requirements for firms that accept deposits.

Introduction

COMP 1.1.5

handbook-guidance
The FSA established the Financial Services Compensation Scheme Limited, a company limited by guarantee (FSCS). The FSCS exercises the functions that are conferred on the scheme managerby Part XV of the Act, dealing with compensation.

COMP 1.1.6

handbook-guidance
The appropriate regulator is also required, under section 213 of the Act (The compensation scheme), to make rules establishing a compensation scheme. These rules are set out in the remaining chapters of this sourcebook, and are directed to the FSCS, claimants and potential claimants, and firms.

Purpose

COMP 1.1.7

handbook-guidance
The FSCS will only pay claims if a firm is unable or likely to be unable to meet claims against it because of its financial circumstances. If a firm is still trading and has sufficient financial resources to satisfy a claim, the firm will be expected to meet the claim itself. This can, for example, be an amount the firm agrees with the claimant, or the amount of an Ombudsman award from the Financial Ombudsman Service.

COMP 1.1.8

handbook-guidance
COMP 1 consists of guidance which is aimed at giving an overview of how this sourcebook works. The provisions of COMP 2 to COMP 17 cover who is eligible, the amount of compensation and how it might be paid, disclosure requirements for firms that accept deposits and systems and information requirements for firms that accept deposits.

COMP 1.1.9B

handbook-guidance
This sourcebook is one of the means by which the PRA will meet its statutory objectives of promoting the safety and soundness of PRA-authorised persons (by seeking to minimise the adverse effect that the failure of a PRA-authorised person could be expected to have on the stability of the UK financial system) and contributing to the securing of an appropriate degree of protection for those who are policyholders.
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COMP 1.1.10B

handbook-guidance
By making rules that allow the FSCS to provide compensation at a level appropriate for the protection of retail consumers and small businesses, the PRA minimises the adverse effect that the failure of a PRA-authorised person could be expected to have on the stability of the UK financial system and enables consumers to participate in the financial markets with the confidence that they will be protected, at least in part, should the relevant person with whom they are dealing be unable to satisfy claims against it.
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COMP 1.2

The FSCS

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COMP 1.2.1

handbook-guidance
While this sourcebook deals with the main powers and duties of the FSCS, it does not provide the complete picture. Other aspects of the operation of the FSCS are dealt with through the powers of the Financial Services Compensation Scheme Limited under company law (such as the power to borrow, to take on premises, etc.).

COMP 1.2.2B

handbook-guidance
(1) In addition, the Act itself confers certain powers upon the FSCS, such as a power under section 219 of the Act (Scheme Manager's powers to require information) to require persons to provide information. These powers are not, therefore, covered by this sourcebook.
(2) Of specific relevance to the way in which the FSCS fulfils its responsibilities is the relationship between the FSCS and the PRA. This is covered in a Memorandum of Understanding which can be found on the PRA website [www.bankofengland.co.uk/pra/.
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COMP 1.3

Claimants

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COMP 1.3.1

handbook-guidance
The FSCS also provides information to claimants and potential claimants about the way the FSCS works and the procedures that need to be followed when making a claim. The FSCS can be contacted at 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or Fax: 020 7892 7301), or by e-mail (enquiries@fscs.org.uk).

COMP 1.3.2

handbook-guidance
Information about the operation of the FSCS and how to claim is also available from the FSCS website (www.fscs.org.uk).

COMP 1.3.3

handbook-guidance

Areas of particular interest to claimants (see COMP 1.1.3G).

This Table belongs to COMP 1.1.3 G .

COMP 1.4

EEA Firms

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COMP 1.4.1

handbook-guidance
Incoming EEA firms which are conducting regulated activities in the United Kingdom under a CRD , IMD or MiFID passport are not required to participate in the compensation scheme in relation to those passported activities. They may apply to obtain the cover of, or 'top-up' into, the compensation scheme if there is no cover provided by the incoming EEA firm's Home State compensation scheme or if the level or scope of the cover is less than that provided by the compensation scheme. This is covered by COMP 14.

COMP 1.4.2

handbook-guidance
If an incoming EEA firm "tops-up", and then becomes insolvent, the Home State compensation scheme will pay compensation for claims up to the limit and scope of the Home State compensation scheme, with the FSCS paying compensation for the additional amount in accordance with the provisions in this sourcebook.

COMP 1.4.3

handbook-guidance
The Deposit Guarantee Directiveand Investor Compensation Directive/s require the FSCS to make arrangements with the relevant Home State compensation scheme regarding the payment of compensation (COMP 14.3.1R).

COMP 1.5

Application to Lloyd's

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COMP 1.5.1

handbook-guidance
The PRA has exercised its power under section 316 of the Act (Direction by Authority) to direct in COMP 1.5.4 G - COMP 1.5.6 G that certain core provisions in the Act should apply to members of the Society of Lloyd's (an "insurance market direction"). The effect of the direction is that the PRA may, in relation to members, and in respect of insurance market activities carried on by them, exercise any of the statutory powers conferred by the provisions which are applied by the direction. Those include the powers in Part 9A to make general rules and give guidance and also the powers in Part XV to make rules for the establishment and operation of a compensation scheme. Accordingly this sourcebook makes provision for the payment of compensation by the FSCS in certain cases arising from insurance business carried on by members, and for raising levies on the Society.

COMP 1.5.2

handbook-rule
Notwithstanding anything to the contrary in this sourcebook, in relation to the Society, members and Lloyd's policies FSCS must act, so far as is reasonably practicable, to ensure that:
(1) Eligible claimants have protection under this sourcebook in relation to Lloyd's policies equivalent to that otherwise afforded to eligible claimants by the FSCS;
(2) FSCS does not meet claims in relation to Lloyd's policies unless the Central Fund is unlikely to be able to meet them;
(3) Claims against members under the compensation scheme which arise from the same loss under the same Lloyd's policy must be treated as a single claim;
(4) any recovery resulting from the exercise of any rights assigned to the FSCS in connection with the payment of compensation to an eligible claimant, is treated by the FSCS in accordance with COMP 7.2.4 R, and any such recovery which is not paid to the claimant in accordance with that rule, is used for the benefit of FSCS in priority to any interest that the Society may have.

COMP 1.5.3

handbook-guidance
The effect of COMP 1.5.2 R(4) and COMP 7.2.4A R, and subject to COMP 7.2.4 R(2), is that any recovery obtained by FSCS is retained by FSCS up to an amount equal to the cost to FSCS of paying compensation. To the extent that the Society is entitled to any part of the recovery (for example by agreement with FSCS) it is only paid out of any excess up to a maximum amount equal to that paid out of the Central Fund. Any recovery in excess of the compensation (including payment from the Central Fund) received by the policyholder is paid to the claimant in accordance with COMP 7.2.4 R regardless of whether the Society receives the full amount paid from the Central Fund.

Compensation arrangements for policyholders

COMP 1.5.4

handbook-guidance
The insurance market direction in COMP 1.5.5 D is intended to protect the interests of policyholders and potential policyholders by:
(1) providing for the application of the compensation scheme in respect of contracts of insurance issued by members; and
(2) providing for the application of such other provisions of the Act as will enable the application of the compensation scheme to be effective in relation to insurance market activities carried on by members.

COMP 1.5.5

handbook-directions
With effect from 15 October 2003 the following core provisions of the Act apply to the carrying on of insurance market activities by members:
(1) Part 9A (Rules and guidance) for the purpose of applying the rules in COMP and relevant interpretative provisions; and
(2) Part XV (Financial Services Compensation Scheme).

COMP 1.5.6

handbook-guidance
Section 317(2) of the Act (The core provisions) provides that references in an applied core provision to an authorised person are to be read as references to a person in the class to which the insurance market direction applies. In particular, with effect from 15 October 2003, references to a relevant person in Part XV of the Act include a person who was a member at the time the act or omission giving rise to the claim against him took place.

Compensation arrangements for individual members

COMP 1.5.7

handbook-guidance
The compensation scheme will not compensate members or former members if firms are unable to satisfy claims made in connection with regulated activities relating to their participation in Lloyd's syndicates. Separate rules and guidance are therefore needed.

COMP 1.5.8

handbook-rule
The Society must maintain byelaws establishing appropriate and effective arrangements to compensate individual members and former members who were individual members if underwriting agents are unable, or likely to be unable, to satisfy claims by those members relating to regulated activities carried on in connection with their participation in Lloyd's syndicates.

COMP 1.5.9

handbook-rule
For the purposes of COMP 1.5.8 R "individual member" includes a member which is a limited liability partnership or a body corporate whose members consist only of, or of the nominees for, a single natural person or a group of connected persons.

COMP 1.5.10

handbook-guidance
The arrangements referred to in COMP 1.5.8 R:
(1) will not compensate losses arising only as a result of underwriting or investment risk to which individual members or former members who were individual members are or were exposed by their participation in Lloyd's syndicates;
(2) may be restricted to compensation for losses arising out of fraud, dishonesty or failure to account; and
(3) should cover all regulated activities carried on by underwriting agents relating to Lloyd's syndicate capacity and syndicate membership.

COMP 1.5.11

handbook-guidance
The arrangements referred to in COMP 1.5.8 R should have a governance structure that is operationally independent from the Society, but which is nevertheless accountable to the Society for the proper administration of the compensation arrangements.

COMP 1.5.12

handbook-rule
A contravention of COMP 1.5.8 R does not give rise to a right of action by a private person under section 138D of the Act (Actions for damages) and that rule is specified under Section 138D(3) of the Act as a provision giving rise to no such right of action.

Export chapter as

COMP 2

The FSCS

COMP 2.1

Application and Purpose

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Application

COMP 2.1.1

handbook-rule
This chapter applies to the FSCS.

Purpose

COMP 2.1.2

handbook-guidance
In order to carry out its functions and put into effect the provisions set out in COMP 3 - COMP 14 (which deal with determining whether compensation is payable, calculating the amount of compensation that should be paid, and making levies on firms), the FSCS needs to have a variety of powers. The purpose of this chapter is to set out these powers, and the restrictions upon them.

COMP 2.2

Duties of the FSCS

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Administering the compensation scheme

COMP 2.2.1

handbook-rule
The FSCS must administer the compensation scheme in accordance with the rules in this sourcebook and any other rules prescribed by law to ensure that the compensation scheme is administered in a manner that is procedurally fair and in accordance with the European Convention on Human Rights.

COMP 2.2.2

handbook-guidance
The FSCS may:
(1) pay compensation to eligible claimants or secure continuity of insurance for eligible claimants when a relevant person is unable or likely to be unable to meet claims against it in accordance with the sourcebook; and
(2) make levies on participant firms, in accordance with FEES 6 (Financial Services Compensation Scheme Funding), to enable it to pay compensation, secure continuity of insurance, or meet the costs of discharging its functions under this sourcebook.

Information for claimants

COMP 2.2.3

handbook-rule
The FSCS must publish information for claimants and potential claimants on the operation of the compensation scheme.

Assistance to claimants

COMP 2.2.4

handbook-rule
The FSCS may agree to pay the reasonable costs of an eligible claimant bringing or continuing insolvency proceedings against a relevant person (whether those proceedings began before or after a determination of default), if the FSCS is satisfied that those proceedings would help it to discharge its functions under the requirements of this sourcebook.

Annual Report

COMP 2.2.5

handbook-guidance
The FSCS must make and publish an annual report on the discharge of its functions (section 218 of the Act (Annual report)).

Finance and resources

COMP 2.2.6

handbook-rule
The FSCS must have regard to the need to use its resources in the most efficient and economic way in carrying out its functions under the requirements of this sourcebook.

Publication of defaults

COMP 2.2.7

handbook-rule
The FSCS must take appropriate steps to ensure that potential claimants are informed of how they can make a claim for compensation as soon as possible after a determination has been made that a relevant person is in default, whether by the FSCS or the appropriate regulator.

Complaints

COMP 2.2.8

handbook-rule
The FSCS must put in place and publish procedures which satisfy the minimum requirements of procedural fairness and comply with the European Convention on Humans Rights for the handling of any complaints of maladministration relating to any aspect of the operation of the compensation scheme.

Informing the FSCS

COMP 2.2.9

handbook-guidance
The appropriate regulator will inform the FSCS if it detects problems in a firm that is likely to give rise to the intervention of the FSCS.
[Note: article 10(1), part of last sub-paragraph of the Deposit Guarantee Directive]

Systems

COMP 2.2.10

handbook-rule
The FSCS must perform regular tests of its systems relating to the payment of compensation with respect to claims for protected deposits.
[Note: article 10(1), part of last sub-paragraph of the Deposit Guarantee Directive]

Export chapter as

COMP 3

The qualifying conditions for compensation

COMP 3.1

Application and Purpose

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Application

COMP 3.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 3.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 3.1.3

handbook-guidance
The purpose of this chapter is to set out in general terms the conditions that must be satisfied before the FSCS can make an offer of compensation, or secure continuity of insurance cover, or provide assistance to an insurance undertaking to enable it to continue insurance business.

COMP 3.1.4

handbook-guidance
The qualifying conditions for paying compensation are set out in greater detail in COMP 4 - COMP 7.

COMP 3.2

The qualifying conditions for paying compensation

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COMP 3.2.1

handbook-rule
The FSCS may pay compensation to an eligible claimant, subject to COMP 11 (Payment of compensation), if it is satisfied that:
(1) an eligible claimant has made an application for compensation (but see COMP 3.2.1A R);
(2) the claim is in respect of a protected claim against a relevant person who is in default;
(3) where the FSCS so requires, the claimant has assigned the whole or any part of his rights against the relevant person or against any third party to the FSCS, on such terms as the FSCS thinks fit; and
(4) in the case of a claim under a protected contract of insurance:
(a) it is not reasonably practicable or appropriate to make, or continue to make, arrangements to secure continuity of insurance under COMP 3.3.1 R; or
(b) it would not be appropriate to take, or continue to take, measures under COMP 3.3.3 R to safeguard policyholders of an insurance undertaking in financial difficulties.

Treating a person as having claimed

COMP 3.2.1A

handbook-rule
The FSCS may treat persons who are or may be entitled to claim compensation as if they had done so.

Claims on behalf of another person

COMP 3.2.2

handbook-rule
The FSCS may also pay compensation (and any recovery or other amount payable by the FSCS to the claimant) to a person who makes a claim on behalf of another person if the FSCS is satisfied that the person on whose behalf the claim is made:
(1) is or would have been an eligible claimant; and
(2) would have been paid compensation by the FSCS had he been able to make the claim himself, or to pursue his application for compensation further.

COMP 3.2.3

handbook-guidance
Examples of the circumstances covered by COMP 3.2.2 R are:
(1) when personal representatives make a claim on behalf of the deceased;
(2) when trustees make a claim on behalf of beneficiaries (for further provisions relating to claims by trustees, see COMP 12.6.1 R to COMP 12.6.7 R);
(3) when the donee of an enduring power of attorney or a lasting power of attorney makes a claim on behalf of the donor of the power;
(4) when the Court of Protection makes a claim on behalf of a person incapable by reason of mental disorder of managing and administering his property and affairs;
(5) when an eligible claimant makes a claim for compensation but dies before his claim is determined.

COMP 3.3

Insurance

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Securing continuity of long term insurance cover

COMP 3.3.1

handbook-rule
The FSCS must make arrangements to secure continuity of insurance for an eligible claimant under a protected contract of insurance which is a long term insurance contract with a relevant person, if:
(1) the relevant person is the subject of any of the proceedings listed in COMP 6.3.3 R(1)-(5);
(2) it is reasonably practicable to do so;
(3) in the opinion of the FSCS at the time it proposes to make the arrangements, it would be beneficial to the generality of eligible claimants covered by the proposed arrangements, and, in situations where the cost of securing continuity of insurance might exceed the cost of paying compensation under COMP 3.2, any additional cost is likely to be justified by the benefits; and
(4) where the relevant person is a member, the FSCS is satisfied that the amounts which the Society is able to provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook.

COMP 3.3.2

handbook-rule
In order to secure continuity of insurance under COMP 3.3.1 R the FSCS may take such measures as it considers appropriate to:
(1) secure or facilitate the transfer of the business of the relevant person in default which consists of carrying out long-term insurance contracts or any part of that business, to another firm; and
(2) secure the issue of policies by another firm to eligible claimants in substitution for their existing policies.

COMP 3.3.2A

handbook-rule
The FSCS's duty under COMP 3.3.1 R and COMP 3.3.3 R in respect of a long term insurance contract is limited to ensuring that the claimant will receive at least 90% of any benefit under his contract of insurance, subject to and in accordance with terms corresponding (so far as it appears to the FSCS to be reasonable in the circumstances) to those which have applied under the contract of insurance.

COMP 3.3.2B

handbook-rule
If the FSCS secures less than 100% of any benefit of a claimant under a contract, then FSCS must ensure that any future premiums that the claimant is committed to paying under the contract will be reduced by an equivalent amount.

COMP 3.3.2C

handbook-rule
(1) In any period when the FSCS is seeking to secure continuity of insurance under COMP 3.3.1 R, it must secure that 90% of any benefit under a long term insurance contract which:
(a) falls due, or would have fallen due, to be paid to any eligible claimant; or
(b) had already fallen due to be paid to any eligible claimant before the beginning of that period and has not yet been paid;
is paid to the eligible claimant in question as soon as reasonably practicable after the time when the benefit in question fell due, or would have fallen due, under contract.
(2) Any payment under (1) is made subject to and in accordance with any other terms which apply or would have applied under the contract.
(3) A payment made under (1) is not subject to the FSCS deciding that the cost of the making the payment would be likely to be no more than the cost of paying compensation under COMP 3.2
(4) Where a payment is due under (1), FSCS may:
(a) make payments to or on behalf of eligible claimants on such terms (including any terms requiring repayment in whole or in part) and on such conditions as it thinks fit (subject to (1)); or
(b) secure that payments (subject to (1)) are made to or on behalf of any such eligible claimants by the liquidator, administrator or provisional liquidator by giving him an indemnity covering any such payments or any class or description of such payments.

COMP 3.3.2D

handbook-rule
For the purposes of COMP 3.3.2A R to COMP 3.3.2C R, "benefit" does not include:
(1) any bonus provided for under the contract unless it was declared and vested before the insurance undertaking became the subject of one or more of the proceedings listed in COMP 6.3.3 R (1) to (5); or
(2) any reduction which the FSCS has determined, or any benefit which the FSCS has decided to disregard under COMP 12.4.14 R, to the extent that the FSCS has decided so to treat it.

COMP 3.3.2E

handbook-rule
Unless the FSCS has decided to treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R, it must not treat as a reason for failing to secure, or for delaying the securing of, payments under COMP 3.3.2C R at the level prescribed in that rule the fact that:
(1) it considers that any benefit referred to in COMP 3.3.2C R is or may be excessive in any respect; or
(2) it has referred the contract in question to an independent actuary under COMP 12.4.13 R; or
(3) it considers that it may at some later date decide to treat the liability of the relevant person under a contract as reduced or disregarded under COMP 12.4.14 R;
save where the FSCS decides to exclude certain benefits to the extent that they arise out of the exercise of any option under the policy and for this purpose the option includes, but is not restricted to, a right to surrender the policy.

COMP 3.3.2F

handbook-rule
In making arrangements to secure continuity of insurance the FSCS must use its reasonable endeavours to seek the most cost-effective arrangements available.

Insurance undertakings in financial difficulties

COMP 3.3.3

handbook-rule
(1) The FSCS may take such measures as it considers appropriate for the purpose of safeguarding the rights of eligible claimants under protected contracts of insurance which are:
(a) general insurance contracts with a relevant person which is an insurance undertaking in financial difficulties (see COMP 3.3.6 R); or
(b) long-term insurance contracts with a relevant person which is an insurance undertaking in financial difficulties (see COMP 3.3.6 R) but in respect of which the FSCS is not securing continuity of insurance within COMP 3.3.1 R;
if, in the opinion of the FSCS at the time it proposes to make the measures, it would be beneficial to the generality of eligible claimants covered by the proposed measures, and, in situations where the cost of taking those measures might exceed the cost of paying compensation under COMP 3.2, any additional cost is likely to be justified by the benefits.
(2) Measures under (1) may be taken on such terms (including terms reducing or deferring payment of any liabilities or benefits provided under any protected contract of insurance) as the FSCS considers appropriate.

COMP 3.3.4

handbook-rule
The measures contemplated in COMP 3.3.3 R include measures to:
(1) secure or facilitate the transfer of the insurance business of the relevant person, or any part of the business, to another firm;
(2) give assistance to the relevant person to enable it to continue to effect contracts of insurance or carry out contracts of insurance; and
(3) secure the issue of policies by another firm to eligible claimants in substitution for their existing policies.

COMP 3.3.4A

handbook-rule
If it thinks appropriate, the PRA may in relation to any insurance undertaking which is in financial difficulties:
(1) give the FSCS assistance in determining what measures under COMP 3.3.3 R are practicable or desirable;
(2) impose constraints on the measures which may be taken by the FSCS under COMP 3.3.3 R;
(3) require the FSCS to provide it with information about any measures which it is proposing to take under COMP 3.3.3 R.

COMP 3.3.6

handbook-rule
For the purpose of COMP 3.3.3 R, a relevant person who is an insurance undertaking is in financial difficulties if:
(1) a liquidator, administrator, provisional liquidator, administrative receiver or interim manager is appointed to the relevant person, or a receiver is appointed by the court to manage the relevant person's affairs; or
(2) there is a finding by a court of competent jurisdiction that the relevant person is unable to pay its debts; or
(3) a resolution is passed for winding up of the relevant person, unless a declaration of solvency has been made in accordance with section 89 of the Insolvency Act 1986; or
(4) the PRA determines that the relevant person who is an insurance undertaking is likely to be unable to satisfy protected claims against it; or
(5) approval is given to any company voluntary arrangement made by the relevant person; or
(6) the relevant person makes a composition or arrangement with any one or more of its creditors providing for the reduction of, or deferral of payment of, the liabilities or benefits provided for under any of the relevant person's policies; or
(7) the relevant person is dissolved or struck off from the Register of Companies; or
(8) a receiver is appointed over particular property of the relevant person; or
(9) any of (1) to (8) or anything equivalent occurs in respect of the relevant person in a jurisdiction outside England and Wales; or
(10) in the case of an insurance undertaking which is a member, the FSCS is satisfied that any of sub-paragraphs (1) to (9) apply to the member, and the amounts which the Society is able to provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level or protection which would otherwise be available under this sourcebook.

Assessing the costs of paying compensation

COMP 3.3.7

handbook-rule
For the purposes of COMP 3.3.1 R (3)and COMP 3.3.3 R (1), when assessing the cost of paying compensation under COMP 3.2FSCS may have regard to the likely total cost of paying compensation arising out of the default, not just the compensation amounts likely to be payable to particular eligible claimants covered by the proposed arrangements for continuity.

Export chapter as

COMP 4

Eligible claimants

COMP 4.1

Application and Purpose

  • 01/12/2004

Application

COMP 4.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 4.1.2

handbook-guidance
It is also relevant to those who may wish to bring a claim for compensation.

Purpose

COMP 4.1.3

handbook-guidance
The purpose of this chapter is to set out the types of person who are able to claim compensation or benefit from the protection the FSCS is able to provide. A claimant needs to be an eligible claimant to satisfy COMP 3.2.1R(1).

COMP 4.2

Who is eligible to benefit from the protection provided by the FSCS?

  • 01/12/2004

COMP 4.2.1

handbook-rule
Unless COMP 4.2.3 R applies, an eligible claimant is any person who at any material time:
(1) did not come within COMP 4.2.2 R; or
(2) did come within COMP 4.2.2 R, but satisfied the relevant exception in COMP 4.3 or COMP 4.4.

COMP 4.2.2

handbook-rule

Table COMP 4.2.2R Persons not eligible to claim unless COMP 4.3 applies (see COMP 4.2.1R)

This table belongs to COMP 4.2.1R

COMP 4.2.3

handbook-rule
A person who is a small business is an eligible claimant in respect of a relevant general insurance contract entered into before commencement only if the person is a partnership.

COMP 4.3

Exceptions: Circumstances where a person coming within COMP 4.2.2R may receive compensation

  • 01/12/2004

Deposits (and balances in dormant accounts)

COMP 4.3.1

handbook-rule
A person is eligible to claim compensation in respect of a protected depositor a protected dormant accountif, at the date on which the relevant person is determined to be in default:
(1) he came within category (14) of COMP 4.2.2R; or
(2) he came within any of categories (1)-(3), (7) or (12) of COMP 4.2.2R, and was not a large company or a credit institution; or
(3) he was a credit union.
(4) he came within category (19) of COMP 4.2.2 R

Long term insurance

COMP 4.3.2

handbook-rule
A person other than one which comes within any of categories (7), (9), (12) or (15) of COMP 4.2.2R is eligible to claim compensation in respect of a long term insurance contract.

Relevant general insurance contracts

COMP 4.3.3

handbook-rule
(1) A person falling within categories (1)-(4) of COMP 4.2.2 R is eligible to claim compensation in respect of a relevant general insurance contract if, at the date the contract commenced he was a small business.
(2) Where the contract has been renewed, the last renewal date shall be taken as the commencement date.

COMP 4.3.4

handbook-rule
A partnership which falls within category 14, or category 17, or both of COMP 4.2.2R is eligible to claim compensation in respect of a relevant general insurance contract entered into before commencement.

COMP 4.3.5

handbook-rule
A person who comes within category (16) of COMP 4.2.2R (a 'category 16 person') is eligible to claim compensation if:
(1) the person insured would have been an eligible claimant at the time that his rights against the insurer were transferred to and vested in the category 16 person; or
(2) the liability of the person insured in respect of the category 16 person was a liability under a contract of employer's liability insurance which would have been a liability subject to compulsory insurance had the contract been entered into after 1 January 1972 or (for contracts in Northern Ireland) 29 December 1975; or
(3) the extent of the liability of the person insured in respect of the category 16 person had been agreed in writing by the insurer, or determined by a court or arbitrator, before the date on which the insurer is determined to be in default.

Liability subject to compulsory insurance

COMP 4.3.6

handbook-rule
A person who comes within COMP 4.2.2R is eligible to claim compensation in respect of a liability subject to compulsory insurance if the claim is:
(1) a claim under a protected contract of insurance; or
(2) a claim in connection with protected non-investment insurance mediation.

Eligibility to claim in specified circumstances

COMP 4.3.8

handbook-rule
The FSCS may treat a person who comes within category (7) or (12) of COMP 4.2.2 R as eligible to claim compensation where:
(1) this is desirable to achieve the efficient performance of any of its functions, including without limitation, to facilitate a transfer of business or any part thereof, to secure the issue of policies by another firm to eligible claimants in substitution for their existing policies, to achieve the efficient payment of compensation, to secure under COMP 3.3.2C R the payment of benefits under a long term insurance contract; and
(2) treating these persons as eligible to claim compensation would, in the opinion of the FSCS, be beneficial to the generality of eligible claimants who will be affected by the action in (1).

COMP 4.4

Exceptions: Relevant general insurance contracts: mesothelioma claims

  • 22/12/2006

Application

COMP 4.4.1

handbook-rule
This section applies in respect of any claim for a contribution by a responsible person made on or after 25 July 2006 in relation to a mesothelioma victim's claim which is determined by agreement in writing, a court or an arbitrator on or after 3 May 2006.

Claims for contribution by responsible persons

COMP 4.4.2

handbook-rule
The rules in this sourcebook shall have effect as modified to the extent necessary to enable the FSCS to receive, assess, determine and make payments in respect of applications for compensation from responsible persons in accordance with article 9A of the compensation transitionals order and regulation 3 of the mesothelioma regulations.

COMP 4.4.3

handbook-rule
In particular:
(1) a responsible person is eligible to claim in accordance with the provisions of this section;
(2) the FSCS may pay compensation to a responsible person where it is satisfied that an eligible claimant has a claim under a protected contract of insurance issued by an insurerin default, which, but for satisfaction of that claim by the responsible person, the FSCS would have paid;
(3) a responsible person in (2) may claim compensation only if, having satisfied a claim in relation to a mesothelioma victim, he could claim contribution from an insurerin default;
(4) the FSCS may pay compensation in respect of any contribution for which an insurerin default is liable by agreement in writing, or by a determination of a court or arbitrator; and
(5) in this section, references to an insurer include an authorised insurance company, and references to in default include an article 9 default.

COMP 4.4.4

handbook-guidance
The provisions in this section establish a scheme for contribution claims by responsible persons. The requirement in COMP 12.2.7 R to take into account payments to the claimant do not therefore require the FSCS, in paying compensation in respect of such a claim, to take into account any payments referred to in that rule made by a responsible person in calculating the claimant's overall claim.

Limits to amounts payable for contribution claims

COMP 4.4.5

handbook-rule
The amount payable by the FSCS in respect of a claim in accordance with the provisions of this section may not exceed the amount that it would have paid if the mesothelioma victim (or a responsible person other than an insurer of such a person) to whom the contribution claim relates had made that claim directly against FSCS.

Export chapter as

COMP 5

Protected claims

COMP 5.1

Application and Purpose

  • 01/12/2004

Application

COMP 5.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 5.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 5.1.3

handbook-guidance
The purpose of this chapter is to set out the various categories of claim for which compensation may be payable.

COMP 5.2

What is a protected claim?

  • 01/12/2004

COMP 5.2.1

handbook-rule

COMP 5.3

Protected deposits and protected dormant accounts

COMP 5.3.1

handbook-rule
A deposit is a protected deposit only if:
(1) the deposit was made with:
(a) an establishment of a relevant person in the United Kingdom; or
(b) a branch of a UK firm which is a credit institution established in another EEA State under an EEA right; and
(2) the deposit is not:
(a) a bond issued by a credit institution which is part of the institution's capital, as set out in the Consolidated Banking Directive (Directive 2000/12/EC); or
(aa) subordinated debt issued by a credit union meeting the requirements set out at CREDS 5.2.1 R (4); or
(b) a secured deposit; or
(c) a deferred share issued by a building society; or
(cA) a deferred share issued by a credit union; or
(d) a non-nominative deposit (that is, a deposit made without disclosing the depositor's identity).

COMP 5.3.1A

handbook-rule
A protected deposit continues to be a protected deposit if, under a transfer of banking business, it is transferred to:
(1) an establishment of a relevant person in the United Kingdom; or
(2) a branch of a UK firm which is a credit institution established in another EEA State under an EEA right.

COMP 5.3.2

handbook-rule
If not a protected deposit, a dormant account is a protected dormant account only if, immediately prior to transfer, it consisted of a protected deposit, the liability for which has been transferred to a dormant account fund operator.

COMP 5.4

Protected contracts of insurance

  • 01/12/2004

COMP 5.4.1

handbook-rule
A protected contract of insurance is:
(1) (if issued after commencement) a contract of insurance within COMP 5.4.2 R (Contracts of insurance issued after commencement)
(2) (if issued before commencement) a contract of insurance within COMP 5.4.5 R (Contracts of insurance issued before commencement)

Contracts of insurance issued after commencement

COMP 5.4.2

handbook-rule
A contract of insurance issued after commencement which:
(1) relates to a protected risk or commitment as described in COMP 5.4.3 R;
(2) is issued by the relevant person through an establishment in;
(a) the United Kingdom; or
(b) another EEA State; or
(c) the Channel Islands or the Isle of Man;
(3) is a long-term insurance contract or a relevant general insurance contract;
(4) is not a reinsurance contract; and
(5) if it is a contract of insurance entered into by a member, was entered into on or after 1 January 2004
is a protected contract of insurance.

COMP 5.4.3

handbook-rule
A risk or commitment is a protected risk or commitment for the purpose of COMP 5.4.2 R(1) if:
(1) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(a), it is situated in an EEA State, the Channel Islands or the Isle of Man;
(2) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(b), it is situated in an EEA State except that where the relevant person is a firm which is not a UK firm issuing a contract of insurance through an establishment in an EEA State (other than the United Kingdom), the risk or commitment must be situated in the United Kingdom;
(3) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(c), it is situated in the United Kingdom, the Channel Islands or the Isle of Man.

COMP 5.4.4

handbook-rule
For the purpose of COMP 5.4.3 R and COMP 5.4.5 R(1)(b), the situation of a risk or commitment is determined as follows:
(1) for a contract of insurance relating to a building or a building and its contents (in so far as the contents are covered by the same contract of insurance), the risk or commitment is situated where the building is situated;
(2) for a contract of insurance relating to vehicles of any type, the risk or commitment is situated where the vehicle is registered;
(3) for a contract of insurance lasting four months or less covering travel or holiday risks (whatever the class concerned), the risk or commitment is situated where the policyholder took out the contract of insurance; and
(4) in cases not covered by (1) to (3):
(a) where the policyholder who first took out the contract of insurance is an individual, the risk or commitment is situated where he has his habitual residence at the date when the contract of insurance commenced;
(b) where the policyholder who first took out the contract of insurance is not an individual, the risk or commitment is situated where the establishment to which the risk or commitment relates is situated at the date when the contract of insurance commenced.

Contracts of insurance issued before commencement

COMP 5.4.5

handbook-rule
(1) If after commencement, a relevant person is subject to one or more of the proceedings listed in COMP 6.3.3 R or is declared in default, then a contract of insurance issued by that relevant person before commencement which is within COMP 5.4.5 R(2) is a protected contract of insurance, provided that the relevant person was not a member at the time the contract of insurance was issued, and:
(a) (unless it comes within (b)) at the earlier of the events in (1) it was a "United Kingdom policy" for the purposes of the Policyholders Protection Act 1975;
(b) if the contract of insurance is a contract of employers' liability insurance entered into before 1 January 1972 or (for contracts in Northern Ireland) 29 December 1975, and the claim was agreed after the default of the insurer, the risk or commitment was situated in the United Kingdom (as set out in COMP 5.4.4 R).
(2) The contracts of insurance referred to in COMP 5.4.5 R(1) are:
(a) a relevant general insurance contract;
(b) a contract of insurance within the credit class; and
(c) a long-term insurance contract
which in each case is not a reinsurance contract.

Contracts not evidenced by a policy

COMP 5.4.6

handbook-rule
If it appears to the FSCS that a person is insured under a contract with an insurance undertaking which is not evidenced by a policy, and it is satisfied that if a policy evidencing the contract had been issued, the person in question would have had a protected contract of insurance, the FSCS must treat the contract as a protected contract of insurance.

Liabilities giving rise to claims under a protected contract of insurance

COMP 5.4.7

handbook-rule
The FSCS must treat liabilities of an insurance undertaking which is in default, in respect of the following items, as giving rise to claims under a protected contract of insurance:
(1) (if the contract is not a reinsurance contract and has not commenced) premiums paid to the insurance undertaking; or
(2) proceeds of a long-term insurance contract that is not a reinsurance contract and that has matured or been surrendered which have not yet been passed to the claimant; or
(3) the unexpired portion of any premium in relation to relevant general insurance contracts which are not reinsurance contracts; or
(4) claims by persons entitled to the benefit of a judgement under section 151 of the Road Traffic Act 1988 or Article 98 of the Road Traffic (Northern Ireland) Order 1981.

Export chapter as

COMP 6

Relevant persons in default

COMP 6.1

Application and Purpose

  • 01/12/2004

Application

COMP 6.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 6.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 6.1.3

handbook-guidance
The purpose of this chapter is to specify the types of person against whom a claimant must have a claim in order to be eligible for compensation, and when those persons are 'in default'. Generally, this occurs when they are insolvent or unable to meet their liabilities to claimants.

COMP 6.1.4

handbook-guidance
To be eligible for compensation a claimant's claim must be against a relevant personin default: see COMP 3.2.1 R (2).

COMP 6.2

Who is a relevant person?

  • 01/12/2004

COMP 6.2.1

handbook-rule
A relevant person is a person who was, at the time the act or omission giving rise to the claim against it took place:
(1) a participant firm; or
(2) an appointed representative of a participant firm.

COMP 6.2.2

handbook-guidance
(1) An incoming EEA firm, which is a credit institution, an IMD insurance intermediary or a MiFID investment firm, and its appointed representatives are not relevant persons in relation to the firms'spassported activities, unless it has top-up cover. (See definition of "participant firm").
(2) An EEA UCITS management company providing collective portfolio management services for a UCITS scheme from a branch in the United Kingdom or under the freedom to provide cross border services, is a relevant person to the extent that it carries on those services.
(3) An EEA UCITS management company carrying on the activities of managing investments (other than collective portfolio management), advising on investments or safeguarding and administering investments, is not a relevant person in relation to those activities, unless it has top-up cover.
(4) An incoming EEA AIFM managing an authorised AIF from a branch in the UK or under the freedom to provide cross-border services, is a relevant person in respect of that activity.
(5) An incoming EEA AIFM managing an unauthorised AIF is not a relevant person in respect of that activity unless it has top-up cover.
(6) An incoming EEA AIFM providing the services in article 6(4) of AIFMD is not a relevant person in relation to those activities, unless it has top-up cover.

COMP 6.3

When is a relevant person in default?

  • 01/12/2004

COMP 6.3.1

handbook-rule
A relevant person is in default if:
(1) (except in relation to an ICD claim or DGD claim) the FSCS has determined it to be in default under COMP 6.3.2 R, COMP 6.3.3 R, COMP 6.3.4 R or COMP 6.3.5 R; or
(2) (in relation to an ICD claim or DGD claim):
(a) the appropriate regulator has determined it to be in default under COMP 6.3.2 R; or
(b) a judicial authority has made a ruling that had the effect of suspending the ability of eligible claimants to bring claims against the participant firm, if that is earlier than (a); and


if a relevant person is in default in relation to an ICD claim or a DGD claim it shall be deemed to be in default in relation to any other type of protected claim.

COMP 6.3.1A

handbook-guidance
The PRA will make the determination in COMP 6.3.1 R (2)(a) in relation to a DGD claim as soon as possible and in any event no later than five working days after being satisfied that either of the conditions in COMP 6.3.2 R has been met.
[Note: article 1(3)(i) of the Deposit Guarantee Directive]

COMP 6.3.2

handbook-rule
Subject to COMP 3.3.3 R to COMP 3.3.6 R and COMP 6.3.6 R, the FSCS (or, where COMP 6.3.1 R(2)(a) applies, the appropriate regulator) may determine a relevant person to be in default when it is, in the opinion of the FSCS or the appropriate regulator:
(1) unable to satisfy protected claims against it; or
(2) likely to be unable to satisfy protected claims against it.

COMP 6.3.3

handbook-rule
Subject to COMP 6.3.6 R the FSCS may determine a relevant person to be in default if it is satisfied that a protected claim exists (other than an ICD claim or DGD claim), and the relevant person is the subject of one or more of the following proceedings in the United Kingdom (or of equivalent or similar proceedings in another jurisdiction):
(1) the passing of a resolution for a creditors' voluntary winding up;
(2) a determination by the relevant person's Home State regulator that the relevant person appears unable to meet claims against it and has no early prospect of being able to do so;
(3) the appointment of a liquidator or administrator, or provisional liquidator or interim manager;
(4) the making of an order by a court of competent jurisdiction for the winding up of a company, the dissolution of a partnership, the administration of a company or partnership, or the bankruptcy of an individual;
(5) the approval of a company voluntary arrangement, a partnership voluntary arrangement, or of an individual voluntary arrangement.

COMP 6.3.5

handbook-rule
For claims arising in connection with protected contracts of insurance, the FSCS must treat any term in an insurance undertaking's constitution or in its contracts of insurance, limiting the undertaking's liabilities under a long-term insurance contract to the amount of its assets, as limiting the undertaking's liabilities to any claimant to an amount which is not less than the gross assets of the undertaking.

Members in default and the Central Fund of the Society

COMP 6.3.6

handbook-rule
The FSCS may not declare a member to be in default unless it is satisfied that the amounts which the Society may provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook.

COMP 6.3.7

handbook-guidance
If a member is unable fully to meet protected claims against it then in the first instance any shortfall will be avoided by payments by the Society from the assets of the Central Fund. The FSCS will not consider claims for compensation unless it is satisfied that the amounts which the Society will make available from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook. The amount which the FSCS may pay in respect of any such claim will be limited to the difference between the amount which the claimant will receive, or is expected to receive, from the member and the Society together and the maximum amount of compensation payable in accordance with COMP 10 and COMP 12.

Scheme manager's power to require information

COMP 6.3.9

handbook-rule
For the purposes of sections 219(1A)(b) and (d) of the Act (Scheme manager's power to require information) whether a relevant person is unable or likely to be unable to satisfy claims shall be determined by reference to whether it is in default.

Export chapter as

COMP 7

Assignment or subrogation of rights

COMP 7.1

Application

  • 01/12/2004

Application and Purpose

COMP 7.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 7.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 7.1.3

handbook-guidance
The FSCS may (and in some cases must) make an offer of compensation conditional on the assignment of rights to it by a claimant. The FSCS may also be subrogated automatically to the claimant's rights.The purpose of this chapter is to make provision for and set out the consequences of an assignment or subrogation of the claimant's rights.

COMP 7.2

How does the assignment of rights work?

  • 01/12/2004

COMP 7.2.1

handbook-rule
The FSCS:
(1) must or if the FSCS is subrogated automatically to the claimant's rights may make any payment of compensation to a claimant, in respect of a protected deposit, conditional on the claimant, in so far as able to do so, assigning the whole of his rights; and
(2) may make any payment of compensation to a claimant in respect of any other protected claim conditional on the claimant assigning the whole or any part of his rights;
against the relevant person, or against any third party, or both, to the FSCS on such terms as the FSCS thinks fit.

COMP 7.2.2

handbook-rule
If a claimant assigns the whole or any part of his rights against any person to the FSCS as a condition of payment, the effect of this is that any sum payable in relation to the rights so assigned will be payable to the FSCS and not the claimant.

COMP 7.2.3

handbook-rule
(1) Before taking assignment of rights from the claimant under COMP 7.2.1 R, the FSCS must inform the claimant that if, after taking assignment of rights, the FSCS decides not to pursue recoveries using those rights it will, if the claimant so requests in writing, reassign the assigned rights to the claimant. The FSCS must comply with such a request in such circumstances (see COMP 7.4.2 R).
(2) [deleted] [Editor's Note: The text of this sub-paragraph has been moved to new COMP 7.4.1 R.]
(3) [deleted]

COMP 7.3

Automatic subrogation

  • 01/10/2012

COMP 7.3.1

handbook-rule
The FSCS's powers in this section apply to all claims except those under protected contracts of insurance.

COMP 7.3.2

handbook-rule
The FSCS's powers in this section may be used:
(1) separately or in any combination as an alternative and in substitution for the powers and processes elsewhere in this sourcebook;
(2) [deleted]
(3) in relation to all or any part of a protected claim or class of protected claim made with respect to the relevant person; and/or
(4) (where the FSCS uses its powers to administer the payment of compensation on behalf of, or to pay compensation or make a payment on account or an advance and recover from, a Non-UK Scheme or Other Funder (see COMP 15.1.14 R)) in respect of all or part of any protected deposit which is compensatable by and/or recoverable from the Non-UK Scheme or Other Funder, and the FSCS may make different provision for those parts of a protected deposit (and references to paying compensation shall be treated as referring to making a payment, making a payment on account or making an advance as appropriate) (for the purposes of this section the terms "Non-UK Scheme" and "Other Funder" have the same meaning as in COMP 15.1.14 R).

COMP 7.3.3

handbook-rule
The FSCS may determine that the exercise of any power in this section is subject to such incidental, consequential or supplemental conditions as the FSCS considers appropriate.

Determinations by the FSCS

COMP 7.3.4

handbook-rule
(1) Any power conferred on the FSCS to make determinations under this section is exercisable in writing.
(2) An instrument by which the FSCS makes the determination must specify the provision under which it is made, the date and time from which it takes effect and the relevant person and protected claims, parts of protected claims and/or classes of protected claims in respect of which it applies.
(3) The FSCS must take appropriate steps to publish the determination as soon as possible after it is made. Such publication must be accompanied by a statement explaining the effect of COMP 7.4.2 R.
(4) Failure to comply with any requirement in this rule does not affect the validity of the determination.
(5) A determination by the FSCS under this section may be amended, remade or revoked at any time and subject to the same conditions.

Verification of determinations

COMP 7.3.5

handbook-rule
(1) The production of a copy of a determination purporting to be made by the FSCS under this section:
(a) on which is endorsed a certificate, signed by a member of the FSCS's staff authorised by it for that purpose; and
(b) which contains the required statements;
is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
(2) The required statements are:
(a) that the determination was made by the FSCS; and
(b) that the copy is a true copy of the determination.
(3) A certificate purporting to be signed as mentioned in (1) is to be taken to have been properly signed unless the contrary is shown.
(4) A person who wishes in any legal proceedings to rely on a determination may require the FSCS to endorse a copy of the determination with a certificate of the kind mentioned in (1).

Effect of this section on other provisions in this sourcebook etc

COMP 7.3.6

handbook-rule
Other provisions in this sourcebook and FEES 6 are modified to the extent necessary to give full effect to the powers provided for in this section.

COMP 7.3.7

handbook-rule
Other than as expressly provided for, nothing in this section is to be taken as limiting or modifying the rights or obligations of or powers conferred on the FSCS elsewhere in this sourcebook or in FEES 6.

Rights and obligations against the relevant persons and third parties

COMP 7.3.8

handbook-rule
The FSCS may determine that:
(1) the payment of compensation by the FSCS; and/or
(2) the following actions by the FSCS (under COMP 15.1.14 R):
(a) administering the payment of compensation on behalf of; and/or
(b) paying and/or making a payment on account of compensation from;
a Non-UK Scheme or Other Funder;
shall have all or any of the following effects:
(3) the FSCS shall immediately and automatically be subrogated, subject to such conditions as the FSCS determines are appropriate, to all or any part (as determined by the FSCS) of the rights and claims in the United Kingdom and elsewhere of the claimant against the relevant person and/or any third party (whether such rights are legal, equitable or of any other nature whatsoever and in whatever capacity the relevant person or third party is acting) in respect of or arising out of the claim in respect of which the payment of or on account of compensation was made;
(4) the FSCS may claim and take legal or any other proceedings or steps in the United Kingdom or elsewhere to enforce such rights in its own name or in the name of, and on behalf of, the claimant or in both names against the relevant person and/or any third party;
(5) the subrogated rights and claims conferred on the FSCS shall be rights of recovery and claims against the relevant person and/or any third party which are equivalent (including as to amount and priority and whether or not the relevant person is insolvent) to and not exceed the rights and claims that the claimant would have had; and/or
(6) such rights and/or obligations (as determined by the FSCS) as between the relevant person and the claimant arising out of the protected claim in respect of which the payment was made shall be transferred to, and subsist between, another authorised person with an appropriate permission and the claimant provided that the authorised person has consented (but the transferred rights and/or obligations shall be treated as existing between the relevant person and the FSCS to the extent of any subrogation, transfer or assignment for the purposes of (3) to (5) and COMP 7.3.9 R).

COMP 7.3.9

handbook-rule
The FSCS may alternatively or additionally make the actions in COMP 7.3.8R (1) and (2) conditional on the claimant assigning or transferring the whole or any part of all such rights as he may have against the relevant person and/or any third party (including, for the avoidance of any doubt, any Non-UK Scheme or Other Funder) on such terms as the FSCS determines are appropriate.

COMP 7.3.10

handbook-rule
(1) The FSCS may determine that:
(a) if the claimant does not assign or transfer his rights under COMP 7.3.9 R;
(b) if it is impractical to obtain such an assignment or transfer; and/or
(c) if it is otherwise necessary or desirable in conjunction with the exercise of the FSCS's powers under COMP 7.3.8 R or COMP 7.3.9 R or COMP 15.1.19 R;
that claimant shall be treated as having irrevocably and unconditionally appointed the chairman of the FSCS for the time being to be his attorney and agent and on his behalf and in his name or otherwise to do such things and execute such deeds and documents as may be required under such laws of the United Kingdom, another EEA State or any other state or law-country to create or give effect to such assignment or transfer or otherwise give full effect to those powers.
(2) The execution of any deed or document under (1) shall be as effective as if made in writing by the claimant or by his agent lawfully authorised in writing or by will.

COMP 7.4

Duty on FSCS to pursue recoveries

  • 01/10/2012

COMP 7.4.1

handbook-rule
If the FSCS takes assignment or transfer of rights from the claimant or is otherwise subrogated to the rights of the claimant, it must pursue all and only such recoveries as it considers are likely to be both reasonably possible and cost effective to pursue.

COMP 7.4.2

handbook-rule
If the FSCS decides not to pursue such recoveries and a claimant wishes to pursue those recoveries himself and so requests in writing, the FSCS must comply with that request and assign the rights back to the claimant.

COMP 7.5

Recoveries: protected deposits

  • 01/10/2012

COMP 7.5.1

handbook-rule
If the FSCS, in relation to a claim for a protected deposit, makes recoveries from the relevant person or any third party in respect of that protected deposit the FSCS must:
(1) retain from those recoveries a sum equal to the "FSCS retention sum"; and
(2) as soon as reasonably possible after it makes the recoveries, pay to the claimant, or as directed by the claimant, a sum equal to the "top up payment".

COMP 7.5.2

handbook-rule
The FSCS must calculate "FSCS retention sum" and the "top up payment" as follows:
(1) calculate the "recovery ratio" of:
(a) the amount recovered by the FSCS through rights assigned or transferred or otherwise subrogated (taking into account any deduction from that amount the FSCS may make to cover part or all of its reasonable costs of recovery and of distribution, if any); to
(b) the claimant's overall claim for protected deposits against the relevant person in default less any liability of a Home State deposit guarantee scheme;
(2) subtract the sum paid by the FSCS as compensation and any amount paid or payable by a Home State compensation scheme to the claimant from the total value of the claimant's overall claim for protected deposits, to give the "compensation shortfall";
(3) apply the recovery ratio to the sum paid by the FSCS as compensation to the claimant, to give the "FSCS retention sum"; and
(4) apply the recovery ratio to the compensation shortfall, to give the "top up payment".

COMP 7.5.3

handbook-guidance
(1) For example, if the claimant's overall claim for protected deposits against a relevant person was for £120,000, and the FSCS paid compensation of £85,000 and took assignment of all the claimant's rights in relation to that claim, and made recoveries through those rights in the sum of £96,000 (after the costs of recovery and of distribution), then:
(a) the recovery ratio would be 80% (£96,000 ÷ £120,000);
(b) the compensation shortfall would be £35,000 (£120,000 - £85,000);
(c) the FSCS retention sum would be £68,000 (80% x £85,000);
(d) the top up payment would be £28,000 (80% of £35,000);
(e) the total payment to the claimant would be £113,000 (£85,000 of compensation plus £28,000 of top up payment); and
(f) the total outlay by the FSCS, net of the FSCS retention sum, would be £17,000 (20% x £85,000).
(2) In the example above, the amount recovered exceeds the amount of compensation. However, COMP 7.5.1 R also applies where the amount recovered is less than the amount of compensation. Therefore, for example, if the claimant's overall claim for protected deposits against a relevant person was for £120,000, and the FSCS paid compensation of £85,000 and took assignment of all the claimant's rights in relation to that claim, and made recoveries through those rights in the sum of £24,000 (after the costs of recovery and of distribution), then:
(a) the recovery ratio would be 20% (£24,000 ÷ £120,000);
(b) the compensation shortfall would be £35,000 (£120,000 - £85,000);
(c) the FSCS retention sum would be £17,000 (20% x £85,000);
(d) the top up payment would be £7,000 (20% of £35,000);
(e) the total payment to the claimant would be £92,000 (£85,000 of compensation plus £7,000 of top up payment); and
(f) the total outlay by the FSCS, net of the FSCS retention sum, would be £68,000 (80% x £85,000).

COMP 7.5.4

handbook-guidance
In order to prevent a claimant suffering disadvantage arising solely from his prompt acceptance of the FSCS's offer of compensation compared with what might have been the position had he delayed his acceptance, the FSCS shall apply the rule in COMP 12.2.7R (2).

COMP 7.6

Recoveries: claims other than for protected deposits

  • 01/10/2012

COMP 7.6.1

handbook-rule
If the FSCS makes recoveries in relation to a claim that is not for a protected deposit, it may deduct from any recoveries paid over to the claimant under COMP 7.6.2 R part or all of its reasonable costs of recovery and distribution (if any).

COMP 7.6.2

handbook-rule
Unless compensation was paid under COMP 9.2.3 R or the claim was for a protected deposit, if a claimant assigns or transfers his rights to the FSCS or a claimant's rights and claims are otherwise subrogated to the FSCS and the FSCS subsequently makes recoveries through those rights or claims, those recoveries must be paid to the claimant:
(1) to the extent that the amount recovered exceeds the amount of compensation (excluding interest paid under COMP 11.2.7 R) received by the claimant in relation to the protected claim; or
(2) in circumstances where the amount recovered does not exceed the amount of compensation paid, to the extent that failure to pay any sums recovered to the claimant would leave a claimant who had promptly accepted an offer of compensation or whose rights and claims had been subrogated to the FSCS at a disadvantage relative to a claimant who had delayed accepting an offer of compensation or whose claims had not been subrogated (see COMP 7.6.4 R).

COMP 7.6.3

handbook-rule
For the purpose of COMP 7.6.2 R compensation received by eligible claimants in relation to Lloyd's policies may include payments made from the Central Fund.

COMP 7.6.4

handbook-rule
Except for a claim for a protected deposit, the FSCS must endeavour to ensure that a claimant will not suffer disadvantage arising solely from his prompt acceptance of the FSCS's offer of compensation or from the subrogation of his rights and claims to the FSCS compared with what might have been the position had he delayed his acceptance or had his claims not been subrogated.

COMP 7.6.5

handbook-guidance
As an example of the circumstances which COMP 7.6.4 R is designed to address, take two claimants, A and B.
(1) Both A and B have a protected investment business claim of £60,000 against a relevant personin default. The FSCS offers both claimants £50,000 compensation (the maximum amount payable for such claims under COMP 10.2.3 R). A accepts immediately, and assigns his rights against the relevant person to the FSCS, but B delays accepting the FSCS's offer of compensation.
(2) In this example, the liquidator is able to recover assets from the relevant person in default and makes a payment of 50p in the pound to all the relevant person's creditors. If the liquidator made the payment before any offer of compensation from the FSCS had been accepted, A and B would both receive £30,000 each from the liquidator, leaving both with a loss of £30,000 to be met by the FSCS. Both claims would be met in full.
(3) However, if the payment were made by the liquidator after A had accepted the FSCS's offer of compensation and assigned his rights to the FSCS, but before B accepted the FSCS offer of compensation, A would be disadvantaged relative to B even though he has received £50,000 compensation from the FSCS. A would be disadvantaged relative to B because he promptly accepted the FSCS's offer and assigned his rights to the FSCS. Because A has assigned his rights to the FSCS, any payment from the liquidator will be made to the FSCS rather than A. In this case the FSCS has paid A more than £30,000, so the £30,000 from the liquidator that would have been payable to A will be payable in full to the FSCS and not to A.
(4) B is able to exercise his rights against the liquidator because he delayed accepting the FSCS's offer and receives £30,000 from the liquidator. B can then make a claim for the remaining £30,000 to the FSCS which the FSCS can pay in full (see COMP 10.2.2 G). B therefore suffers no loss whereas A is left with a loss of £10,000, being the difference between his claim of £60,000 and the compensation paid by the FSCS of £50,000.

Export chapter as

COMP 8

Rejection of application and withdrawal of offer

COMP 8.1

Application and Purpose

  • 01/12/2004

Application

COMP 8.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 8.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 8.1.3

handbook-guidance
In some circumstances, it may be appropriate for the FSCS to reject an application for compensation, or withdraw an offer of compensation. The purpose of this chapter is to set out when those circumstances arise.

COMP 8.2

Rejection of application for compensation

  • 01/12/2004

COMP 8.2.1

handbook-rule
If an application for compensation contains any material inaccuracy or omission, the FSCS may reject the application unless this is considered by the FSCS to be wholly unintentional.

COMP 8.2.2

handbook-guidance
A rejection under COMP 8.2.1 R does not mean that the claimant cannot receive compensation. A rejected application may be resubmitted, with the appropriate amendments. An application rejected under COMP 8.2.3 R may be resubmitted if COMP 8.2.5 R applies.

COMP 8.2.3

handbook-rule
The FSCS must reject an application for compensation if:
(1) the FSCS considers that a civil claim in respect of the liability would have been defeated by a defence of limitation at the earlier of:
(a) the date on which the relevant person is determined to be in default; and
(b) the date on which the claimant first indicates in writing that he may have a claim against the relevant person;
unless COMP 8.2.4 R or COMP 8.2.4A R applies; or
(2) the liability of the relevant person to the claimant has been extinguished by the operation of law, unless COMP 8.2.5 R applies.

COMP 8.2.4A

handbook-rule
For a claim which falls to be dealt with (or has properly been dealt with) under a consumer redress scheme, the FSCS must disregard a defence of limitation which became available after the scheme was made or imposed.

COMP 8.3

Withdrawal of offer of compensation

  • 01/12/2004

COMP 8.3.1

handbook-rule
The FSCS may withdraw any offer of compensation made to a claimant if the offer is not accepted or if it is not disputed within 90 days of the date on which the offer is made.

COMP 8.3.2

handbook-rule
Where the amount of compensation offered is disputed, the FSCS may withdraw the offer but must consider exercising its powers to make a reduced or interim payment under COMP 11.2.4 R or COMP 11.2.5 R before doing so.

COMP 8.3.3

handbook-rule
The FSCS may repeat any offer withdrawn under COMP 8.3.1 R or COMP 8.3.2 R.

COMP 8.3.4

handbook-rule
The FSCS must withdraw any offer of compensation if it appears to the FSCS that no such offer should have been made.

COMP 8.3.5

handbook-rule
The FSCS must seek to recover any compensation paid to a claimant if it appears to the FSCS that no such payment should have been made, unless the FSCS believes on reasonable grounds that it would be unreasonable to do so, or that the costs of doing so would exceed any amount that could be recovered.

Export chapter as

COMP 9

Time limits on payment and postponing payment

COMP 9.1

Application and Purpose

  • 01/12/2004

Application

COMP 9.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 9.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 9.1.3

handbook-guidance
The purpose of this chapter is to ensure that compensation is paid to claimants as quickly as possible and that delays in paying compensation to claimants are kept to a minimum. The FSCS may postpone payment of compensation only in strictly limited circumstances.

COMP 9.2

When must compensation be paid?

  • 01/12/2004

COMP 9.2.1

handbook-rule
The FSCS must pay a claim as soon as reasonably possible after:
(1) it is satisfied that the conditions in COMP 3.2.1 R have been met; and
(2) it has calculated the amount of compensation due to the claimant;
and in any event within:
(3) in relation to a claim for a protected deposit, 20 working days of that date unless the PRA has granted the FSCS an extension, in which case payment must be made no later than 30 working days from that date; or

[Note: article 10(1), first and second sub-paragraphs of the Deposit Guarantee Directive]
(4) in relation to any other claim, three months of that date, unless the PRA has granted the FSCS an extension, in which case payment must be made no later than six months from that date.

COMP 9.2.1A

handbook-rule
The time limits in COMP 9.2.1 R (3) include the collection and transmission of accurate data on depositors and protected deposits which is necessary for the verification of claims.

COMP 9.2.2

handbook-rule
The FSCS may postpone paying compensation if:
(1) in the case of a claim against a relevant person who is an appointed representative, the FSCS considers that the claimant should make and pursue an application for compensation against the appointed representative's relevant principal; or
(2) in the case of a claim relating to protected investment business which is not an ICD claim or a claim relating to protected home finance mediation , the FSCS considers that the claimant should first exhaust his rights against the relevant person or any third party, or make and pursue an application for compensation to any other person; or
(3) in the case of a claim relating to a protected contracts of insurance, the FSCS considers that the liability to which the claim relates or any part of the liability is covered by another contract of insurance with a solvent insurance undertaking, or where it appears that a person, other than the liquidator, may make payments or take such action to secure the continuity of cover as the FSCS would undertake; or
(4) the claim is one which falls within COMP 12.4.5 R or COMP 12.4.7 R and it is not practicable for payment to be made within the usual time limits laid out in COMP 9.2.1 R; or
(5) the claimant has been charged with an offence arising out of or in relation to money laundering, and those proceedings have not yet been concluded; or
(6) the claim relates solely to a bonus provided for under a protected contract of insurance the value of which the FSCS considers to be of such uncertainty that immediate payment of compensation in respect of that bonus would not be prudent and a court has yet to attribute a value to such bonus.

COMP 9.2.3

handbook-rule
Notwithstanding COMP 9.2.2 R(2), the FSCS may pay compensation to a claimant in respect of assets held by a relevant person if an insolvency practitioner has been appointed to the relevant person, and:
(1) the FSCS considers it likely that the insolvency practitioner would, in due course, return the assets to the claimant;
(2) the claimant has agreed to be compensated for the assets on the basis of the valuation provided by the FSCS; and
(3) the claimant has agreed, to the satisfaction of the FSCS, that his rights to the assets in respect of which compensation is payable should pass to it.

Export chapter as

COMP 10

Limits on the amount of compensation payable

COMP 10.1

Application and Purpose

  • 01/12/2004

Application

COMP 10.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 10.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 10.1.3

handbook-guidance
In most cases it is appropriate for there to be a limit on the amount of compensation payable by the FSCS and that there should be some part of the claim which is not compensatable and for which the claimant must bear the loss. The purpose of this chapter is to set these limits out.

COMP 10.1.4

handbook-guidance
The chapter also sets out the limit on the level of protection the FSCS must seek to secure when the FSCS is ensuring that there is continuity of insurance cover.

COMP 10.2

Limits on compensation payable

  • 01/12/2004

COMP 10.2.1

handbook-rule
The limits on the maximum compensation sums payable by the FSCS for protected claims are set out in COMP 10.2.3 R.

COMP 10.2.2

handbook-guidance
The limits apply to the aggregate amount of claims in respect of each category of protected claim that an eligible claimant has against the relevant person. Consequently, a claimant who has, for example, a claim against a relevant person in connection with protected investment business of £40,000 , and a further such claim of £20,000, will only receive the £50,000 limit.

COMP 10.2.3

handbook-rule

Table Limits

This table belongs to COMP 10.2.1R

COMP 10.2.4

handbook-guidance
COMP 12 sets out the rules the FSCS will follow when calculating the amount of compensation payable.

COMP 10.2.5

handbook-guidance
COMP 12.4.1 R and COMP 12.4.4 R include further limits relating to Deposit Guarantee Directive claims and ICD claims against certain incoming EEA firms. These reflect the Deposit Guarantee Directive and Investor Compensation Directive/s, under which compensation may be payable by the incoming EEA firm's Home State compensation scheme.

Claims against more than one member in respect of a single protected contract of insurance to be treated as a single claim

COMP 10.2.8

handbook-rule
In applying the financial limits in COMP 10.2, and in calculating theamount of a claim in respect of a protected contract of insurancearising from the default of one or more members, a policyholder is to be treated as having a single claim for the aggregate of all such amounts as may be payable on the claim in respect of the protected contract of insurance.

Claims in respect of protected dormant accounts

COMP 10.2.12

handbook-rule
In the event of a default of a dormant account fund operator, the FSCS will pay compensation in accordance with COMP 10.2.3 R on the basis of the authorisation of the relevant person who was liable for the protected deposit immediately prior to the liability being transferred to the dormant account fund operator (and the relevant authorisation of the relevant person is the authorisation that was in place at the time that the liability was transferred).

COMP 10.2.13

handbook-guidance
The purpose of COMP 10.2.12 R is to ensure that persons whose balances in a dormant account have been transferred to a dormant account fund operator do not have their entitlement to compensation reduced in the event of default of the dormant account fund operator. So, a person who held dormant accounts with two different relevant persons, the liability for which were then automatically transferred to the dormant account fund operator, could still be compensated by the FSCS on the basis of accounts with two separate relevant persons (and so could receive up to 2 x £85,000 in compensation) rather than just one account with one relevant person.

Export chapter as

COMP 11

Payment of compensation

COMP 11.1

Application and Purpose

  • 01/12/2004

Application

COMP 11.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 11.1.2

handbook-guidance
It is also relevant to claimants.

Purpose

COMP 11.1.3

handbook-guidance
The FSCS will usually pay compensation direct to the claimant, but in certain circumstances it may be appropriate for the FSCS to pay compensation to someone other than the claimant, or to make reduced or interim payments. The purpose of this chapter is to set out when those circumstances arise.

COMP 11.2

Payment

  • 01/12/2004

To whom must payment be made?

COMP 11.2.1B

handbook-rule
If the FSCS determines that compensation is payable (or any recovery or other amount is payable by the FSCS to the claimant), it must pay it to the claimant, or as directed by the claimant, unless:
(1) arrangements have or are being made to secure continuity of insurance under COMP 3.3.1 R to COMP 3.3.2E R or the FSCS is taking measures it considers appropriate to safeguard eligible claimants under COMP 3.3.3 R to COMP 3.3.6 R; or
(2) COMP 11.2.3 R applies.
  • 01/04/2013

COMP 11.2.3

handbook-rule
Where an eligible claimant has a claim under a protected contract of insurance against a relevant person that is in administration, provisional liquidation, or liquidation, the FSCS may:
(1) make payments to or on behalf of eligible claimants on such terms (including any terms requiring repayment in whole or in part) and on such conditions as it thinks fit (subject to COMP 10); or
(2) secure that payments (subject to COMP 10) are made to or on behalf of any such eligible claimants by the liquidator, administrator or provisional liquidator by giving him an indemnity covering any such payments or any class or description of such payments.

Form and method of paying compensation

COMP 11.2.3A

handbook-rule
The FSCS may pay compensation in any form and by any method (or any combination of them) that it determines is appropriate including, without limitation:
(1) by paying the compensation (on such terms as the FSCS considers appropriate) to an authorised person with permission to accept deposits which agrees to become liable to the claimant in a like sum;
(2) by paying compensation directly into an existing deposit account of (or for the benefit of) the claimant, or as otherwise identified by (or on behalf of) the claimant, with an authorised person (but before doing so the FSCS must take such steps as it considers appropriate to verify the existence of such an account and to give notice to the claimant of its intention to exercise this power);
(3) (where two or more persons have a joint beneficial claim) by accepting communications from and/or paying compensation to any one of those persons where this is in accordance with the terms and conditions for communications and withdrawals of the protected deposit; and/or
(4) by paying compensation to a firm, which makes a claim on behalf of its clients, if the FSCS is satisfied that:
(a) the business of a relevant person in default has been transferred to the firm;
(b) each client has a claim against the relevant person in default arising out of a shortfall in client money held by the relevant person in default;
(c) the clients in respect of which compensation is to be paid satisfy the conditions set out in COMP 3.2.2 R (1); and
(d) the firm has agreed, on such terms as the FSCS thinks fit, to pay, or credit the accounts of, without deduction, each client, that part of the compensation due to him.

Reduced or interim payments

COMP 11.2.4

handbook-rule
If the FSCS is satisfied that in principle compensation is payable in connection with any protected claim, but considers that immediate payment in full would not be prudent because of uncertainty as to the amount of the claimant's overall claim, it may decide to pay an appropriate lesser sum in final settlement, or to make payment on account.

COMP 11.2.5

handbook-rule
The FSCS may also decide to make a payment on account or to pay a lesser sum in final settlement if the claimant has any reasonable prospect for recovery in respect of the claim from any third party or by applying for compensation to any other person.

COMP 11.2.6

handbook-rule
The FSCS may not pay a lesser sum in final settlement under COMP 11.2.4 R and COMP 11.2.5 R where the claim is a DGD claim or ICD claim.

COMP 11.2.6A

handbook-guidance
COMP 11.2.4 R applies to compensation payable in connection with any protected claim. It would, for example, apply to the situation where the FSCS considers it imprudent to make a payment in full because of uncertainty as to the value a court might attribute to a bonus provided for under a long-term insurance contract. In such circumstances the FSCS may make payment of compensation on account to the policyholder in respect of benefits under the contract the value of which is not uncertain.

Paying interest on compensation

COMP 11.2.7

handbook-rule
The FSCS may pay interest on the compensation sum in such circumstances as it considers appropriate.

COMP 11.2.8

handbook-rule
Interest under COMP 11.2.7 R is not to be taken into account when applying the limits on the compensation sum payable in respect of a claim under COMP 10.

Paying full compensation in return for rights

COMP 11.2.9

handbook-rule
Where the FSCS considers that the conditions in COMP 11.2.4R are satisfied but, in relation to a class of claim, in order to provide fair compensation for the generality of such claims it would be appropriate to take the approach in (1) and (2) rather than pay an appropriate lesser sum in final settlement or make a payment on account, it may for that class of claim:
(1) receive whether by assignment, transfer or operation of law the whole or any part of a claimant's rights against the relevant person, or against any third party, or both on such terms as the FSCS thinks fit; and
(2) disregard the value of the rights so received in determining the claimant's overall claim.

COMP 11.2.10

handbook-guidance
Factors that the FSCS may take into account when considering taking the approach in COMP 11.2.9R (1) and COMP 11.2.9R (2) include whether the amount of claimants' overall claims are likely to be assessed within a reasonable time frame, the circumstances of the claimants, the circumstances of the claims and the nature of the products to which the claims relate.

Export chapter as

COMP 12

Calculating compensation

COMP 12.1

Application and Purpose

  • 01/12/2004

Application

COMP 12.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 12.1.2

handbook-guidance
This chapter is also relevant to claimants, since it sets out how a claim will be quantified. (For the process of paying compensation, including the limits on the amount of compensation that can be paid, see COMP 8 - COMP 11).

Purpose

COMP 12.1.3

handbook-guidance
The purpose of this chapter is to set out the different ways in which the FSCS is to calculate compensation.

COMP 12.2

Quantification: general

  • 01/12/2004

COMP 12.2.1

handbook-rule
The amount of compensation payable to the claimant in respect of:
(1) any type of protected claim other than a claim for a protected deposit is the amount of his overall net claim against the relevant person at the quantification date; and
(2) any claim for a protected deposit is the amount of his overall gross claim against the relevant person at the quantification date;
and any reference in COMP to overall claim means "overall net claim" or "overall gross claim" as appropriate.

COMP 12.2.2

handbook-rule
COMP 12.2.1 R is, however, subject to the other provisions of COMP, in particular those rules that set limits on the amount of compensation payable for various types of protected claim. The limits are set out in COMP 10.

COMP 12.2.3

handbook-guidance
Where a liability of a relevant person to an eligible claimant could fall within more than one type of protected claim (see COMP 5.2.1 R), for example a claim in connection with money held by an MiFID investment firm that is also a credit institution, the FSCS should seek to ensure that the claimant does not receive any further compensation payment from the FSCS in cases where the claimant has already received compensation from the FSCS in respect of that claim.

Overall net claim

COMP 12.2.4

handbook-rule
A claimant's overall claim is the sum of the protected claims of the same category that he has against a relevant personin default, less the amount of any liability which the relevant person may set off against any of those claims (see COMP 10.2.2 G).

COMP 12.2.5

handbook-guidance
For the different categories of protected claim, see COMP 5 and COMP 10.2.3 R.

COMP 12.2.6

handbook-guidance
In calculating the claimant's overall claim, the FSCS may rely, to the extent that it is relevant, on any determination by:
(1) a court of competent jurisdiction;
(2) a trustee in bankruptcy;
(3) a liquidator;
(4) any other recognised insolvency practitioner;
and on the certification of any net sum due which is made in default proceedings of any exchange or clearing house.

Overall gross claim

COMP 12.2.6A

handbook-rule
A claimant's overall gross claim is the sum of the claims for protected deposits that he has against a relevant personin default.

Payments to the claimant

COMP 12.2.7

handbook-rule
The FSCS must take into account any payments to the claimant (including amounts recovered by the FSCS on behalf of the claimant) made by the relevant person or the FSCS or any other person, if that payment is connected with the relevant person's liability to the claimant:
(1) in calculating the claimant's overall claim; and
(2) for a claim for a protected deposit, by reducing the amount of compensation by the FSCS retention sum that the FSCS would have retained if it had made those recoveries itself.

Time for calculation of compensation due to the claimant

COMP 12.2.8

handbook-rule
The FSCS must calculate the amount of compensation due to the claimant as soon as reasonably possible after it is satisfied that the conditions in COMP 3.2.1 R have been met.

Amounts paid by the Society

COMP 12.2.9

handbook-rule
In calculating the claimant's overall claim the FSCS must take into account the amounts paid by, or expected to be paid by, the Society from the Central Fund to meet a member's liabilities under the contract which gives rise to the claim.

Settlement of claims

COMP 12.2.10

handbook-rule
(1) The FSCS may pay compensation without fully or at all investigating the eligibility of the claimant and/or the validity and/or amount of the claim notwithstanding any provision in this sourcebook or FEES 6 to the contrary, if in the opinion of the FSCS:
(a) the costs of investigating the merits of the claim are reasonably likely to be disproportionate to the likely benefit of such investigation; and
(b) (as a result or otherwise) it is reasonably in the interests of participant firms to do so.
(2) This rule does not apply with respect to claims that are excluded by Article 2 of the Deposit Guarantee Directive or by Article 3 of the Investor Compensation Directive.

COMP 12.3

Quantification date

  • 01/12/2004

Protected deposits

COMP 12.3.1

handbook-rule
(1) For a protected deposit claim, the quantification date is the date the relevant person is determined to be in default.
(2) If a protected deposit was not due and payable on or before the date that the relevant person was determined to be in default, the FSCS must nevertheless treat that date as the quantification date for that deposit and pay compensation comprising:
(a) the principal sum on the basis that it is due and payable on that date;
(b) interest or premium accrued to that date; and
(c) unaccrued interest or premium attributable to or arising in respect of the period to that date.

Protected contracts of insurance

COMP 12.3.2

handbook-rule
For a claim under a protected contract of insurance that is a long-term insurance contract, the FSCS must determine as the quantification date a specific date by reference to which the liability of the relevant person to the eligible claimant is to be determined.

COMP 12.3.3

handbook-rule
For a claim under a protected contract of insurance that is a relevant general insurance contract, the FSCS must determine as the quantification date a specific date by reference to which the liability of the relevant person to the eligible claimant is to be determined.

COMP 12.3.4

handbook-rule
For a claim in respect of the unexpired premiums under a protected contract of insurance that is a relevant general insurance contract (see COMP 5.4.7 R (3)), the quantification date, being the date by which the liability of the relevant person to the eligible claimant is to be determined, is the date the policy was terminated or cancelled.

COMP 12.4

The compensation calculation

  • 01/12/2004

Protected deposit with incoming EEA firm

COMP 12.4.1

handbook-rule
If the claimant has a DGD claim against an incoming EEA firm which is a credit institution, the FSCS must take account of the liability of the Home State deposit-guarantee scheme in calculating the compensation payable by the FSCS.

Protected contracts of insurance: liabilities subject to compulsory insurance

COMP 12.4.9

handbook-rule
The FSCS must pay a sum equal to 100% of any liability of a relevant person who is an insurance undertaking in respect of a liability subject to compulsory insurance to the claimant as soon as reasonably practicable after it has determined the relevant person to be in default.

Protected contracts of insurance: general insurance

COMP 12.4.10

handbook-rule
The FSCS must calculate the liability of a relevant person to the claimant under a relevant general insurance contract in accordance with the terms of the contract, and (subject to any limits in COMP 10.2.3R) pay that amount to the claimant.

Protected contracts of insurance: long-term insurance

COMP 12.4.11

handbook-rule
Unless the FSCS is making arrangements to secure continuity of insurance cover under COMP 3.3.1R to COMP 3.3.2ER, the FSCS must calculate the liability of a relevant person to the claimant under a long-term insurance contract in accordance with the terms of the contract as valued in a liquidation of the relevant person, or (in the absence of such relevant terms) in accordance with such reasonable valuation techniques as the FSCS considers appropriate.

COMP 12.4.11A

handbook-rule
(1) Unless the FSCS is seeking to secure continuity of cover for a relevant person under COMP 3.3.1 R to COMP 3.3.2E R, it must:
(a) pay compensation in accordance with COMP 12.4.11 R for any benefit provided for under a protected long-term insurance contract which has fallen due or would have fallen due under the contract to be paid to any eligible claimant and has not already been paid; and
(b) do as soon as reasonably practicable after the time when the benefit in question fell due or would have fallen due under the contract (but subject to and in accordance with any other terms which apply or would have applied under the contract).
(2) If the FSCS decides to treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R then, for the purposes of (1), the value of benefits falling due after the date of that decision must be treated as reduced or disregarded to that extent.
(3) Unless it has decided to treat the liability of the relevant person under the contract as reduced or disregarded under COMP 12.4.14 R the FSCS must not treat as a reason for failing to pay, or for delaying the payment of compensation in accordance with (1), the fact that:
(a) it considers that any benefit referred to in (1) is or may be excessive in any respect; or
(b) it has referred the contract in question to an independent actuary under COMP 12.4.13 R; or
(c) it considers that it may at some later date decide to treat the liability of the relevant person under a contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R;
save where the FSCS decides to exclude certain benefits to the extent that they arise out of the exercise of any option under the policy (for this purpose option includes, but is not restricted to, a right to surrender the policy).

COMP 12.4.12

handbook-rule
The FSCS must not treat any bonus provided for under a long-term insurance contract as part of the claimant's claim except to the extent that:
(1) a value has been attributed to it by a court in accordance with the Insurers (Winding Up) Rules 2001 or any equivalent rules or legislative provision in force from time to time; or
(2) the FSCS considers that a court would be likely to attribute a value to the bonus if it were to apply the method set out in those rules.

COMP 12.4.13

handbook-rule
(1) If the FSCS is:
(a) seeking to secure continuity of cover under COMP 3.3.1 R to COMP 3.3.2E R or to calculate the liability owed to an eligible claimant under COMP 12.4.11 R; and
(b) considers that the benefits provided for under a protected long-term insurance contract are or may be excessive in any respect,
it must refer the contract to an actuary who is independent of the eligible claimant and of the relevant person.
(2) In this rule and in COMP 12.4.14 R, a benefit is only "excessive" if, at the time when the relevant person decided to confer or to offer to confer that benefit, no reasonable and prudent insurer in the position of the relevant person would have so decided given the premiums payable and other contractual terms.

COMP 12.4.14

handbook-rule
If the FSCS is satisfied, following the actuary's written recommendation, that any of the benefits provided for under the contract are or may be excessive, it may treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded for the purpose of any payment made after the date of that decision.

COMP 12.4.15

handbook-rule
The FSCS may rely on the value attributed to the contract by the actuary when calculating the compensation payable to the claimant, or when securing continuity of cover.

Protected non-investment insurance mediation

COMP 12.4.16

handbook-rule
For claims arising in connection with protected contracts of insurance, the FSCS must treat any term in an insurance undertaking's constitution or in its contracts of insurance, limiting the undertaking's liabilities under a long-term insurance contract to the amount of its assets, as limiting the undertaking's liabilities to any claimant to an amount which is not less than the gross assets of the undertaking.

Consumer redress schemes

COMP 12.4.22

handbook-rule
For a claim which falls to be dealt with (or has properly been dealt with) under a consumer redress scheme, the FSCS must apply the scheme in:
(1) assessing whether a relevant person has complied with the relevant regulatory requirements;
(2) assessing whether non-compliance has caused the claimant loss; and
(3) calculating the compensation due (where the FSCS may rely on calculations made by the FCA or other competent persons acting on the FCA's behalf or authorised to make them under the scheme);



unless the FSCS considers that departure from the scheme is essential in order to provide the claimant with fair compensation.

COMP 12.6

Quantification: trustees, operators of pension schemes, persons winding up pension schemes,personal representatives, agents, and joint claims

Trustees, operators of pension schemes and persons winding up pension schemes

COMP 12.6.1

handbook-rule
If a claimant's claim includes a claim as:
(1) trustee; or
(2) the operator of, or the person carrying on the regulated activity of winding up, a stakeholder pension scheme (which is not an occupational pension scheme) or personal pension scheme,
the FSCS must treat him in respect of that claim as if his claim was the claim of a different person.

COMP 12.6.2

handbook-rule
If a claimant has a claim as a bare trustee or nominee company for one or more beneficiaries, the FSCS must treat the beneficiary or beneficiaries as having the claim, and not the claimant.

COMP 12.6.2A

handbook-rule
If a claimant has a claim:
(1) as the trustee of a small self-administered scheme or an occupational pension scheme of an employer which is not a large company, large partnership or large mutual association or the trustee or operator of, or the person carrying on the regulated activity of winding up, a stakeholder pension scheme (which is not an occupational pension scheme) or personal pension scheme;
(2) for one or more members of a pension scheme (or, where relevant, the beneficiary of any member) whose benefits are money-purchase benefits;
the FSCS must treat the member or members (or, where relevant, the beneficiary of any member) as having the claim, and not the claimant.

COMP 12.6.3

handbook-rule
If any group of persons has a claim as:
(1) trustees; or
(2) operators of, or as persons carrying on the regulated activity of winding up, a stakeholder pension scheme (which is not an occupational pension scheme) or a personal pension scheme,
(or any combination thereof), the FSCS must treat them as a single and continuing person distinct from the persons who may from time to time be the trustees, operators or persons winding up the relevant pension scheme.

COMP 12.6.4

handbook-rule
Where the same person has a claim as:
(1) trustee for different trusts or for different stakeholder pension schemes (which are not occupational pension schemes) or personal pension schemes; or
(2) the operator of, or the person carrying on the regulated activity of winding up, different stakeholder pension schemes (which are not occupational pension schemes) or personal pension schemes,
COMP applies as if the claims relating to each of these trusts or schemes were claims of different persons.

COMP 12.6.5

handbook-rule
Where the claimant is a trustee, and some of the beneficiaries of the trust are persons who would not be eligible claimants if they had a claim themselves, the FSCS must adjust the amount of the overall claim to eliminate the part of the claim which, in the FSCS's view, is a claim for those beneficiaries.

COMP 12.6.6

handbook-rule
Where any of the provisions of COMP 12.6.1 R to COMP 12.6.5 R apply, the FSCS must try to ensure that any amount paid to:
(1) the trustee; or
(2) the operator of, or the person carrying on the regulated activity of winding up, a stakeholder pension scheme (which is not an occupational pension scheme) or personal pension scheme
is, in each case:
(3) for the benefit of members or beneficiaries who would be eligible claimants if they had a claim themselves; and
(4) no more than the amount of the loss suffered by those members or beneficiaries.

COMP 12.6.7

handbook-rule
Where a person A is entitled (whether as trustee or otherwise) to a deposit made out of a clients' or other similar account containing money to which one or more persons are entitled, the FSCS must treat each of those other persons, and not A, as entitled to the part of the deposit that corresponds to the proportion of the money in the account to which the other person is entitled.

Personal representative

COMP 12.6.8

handbook-rule
Where a person numbers among his claims a claim as the personal representative of another, the FSCS must treat him in respect of that claim as if he were standing in the shoes of that other person.

Agents

COMP 12.6.9

handbook-rule
If a claimant has a claim as agent for one or more principals, the FSCS must treat the principal or principals as having the claim, not the claimant.

Joint claims

COMP 12.6.10

handbook-rule
If two or more persons have a joint beneficial claim, the claim is to be treated as a claim of the partnership if they are carrying on business together in partnership. Otherwise each of those persons is taken to have a claim for his share, and in the absence of satisfactory evidence as to their respective shares, the FSCS must regard each person as entitled to an equal share.

Foreign law

COMP 12.6.11

handbook-rule
In applying COMP to claims arising out of business done with a branch or establishment of the relevant person outside the United Kingdom, the FSCS must interpret references to:
(1) persons entitled as personal representatives, trustees, bare trustees or agents, operators of pension schemes or persons carrying on the regulated activity of winding up pension schemes; or
(2) persons having a joint beneficial claim or carrying on business in partnership,
as references to persons entitled, under the law of the relevant country or territory, in a capacity appearing to the FSCS to correspond as nearly as may be to that capacity.

Export chapter as

COMP 14

Participation by EEA Firms

COMP 14.1

Application and Purpose

  • 01/12/2004

Application

COMP 14.1.1

handbook-rule
This chapter applies to the FSCS.

COMP 14.1.2

handbook-rule
This chapter also applies to an incoming EEA firm which is a credit institution, or an MiFID investment firm (or both), an IMD insurance intermediary, a UCITS management company or an AIFM.

Purpose

COMP 14.1.3

handbook-guidance
This chapter provides supplementary rules and guidance for an incoming EEA firm which is a credit institution, an IMD insurance intermediary, an MiFID investment firm , UCITS management company or an AIFM. It reflects in part the implementation of the Deposit Guarantee Directive, Investors Compensation Directive, and UCITS Directive. This sourcebook applies in the usual way to an incoming EEA firm which is exercising EEA rights under the Insurance Directives . Such a firm is not affected by the Deposit Guarantee Directive, the Investors Compensation Directive or the UCITS Directive.

COMP 14.1.4

handbook-guidance
(1) An incoming EEA firm, which is a credit institution, an IMD insurance intermediary or an MiFID investment firm is not a participant firm in relation to its passported activities unless it "tops-up" into the compensation scheme. This reflects section 213(10) of the Act (The compensation scheme) and regulation 2 of the Electing Participants Regulations (Persons not to be regarded as relevant persons). If an incoming EEA firm also carries on non-passported activities for which the compensation scheme provides cover, it will be a participant firm in relation to those activities and will be covered by the compensation scheme for those activities in the usual way.
(2) Whether an incoming EEA firm which is an EEA UCITS management company is a participant firm in relation to its passported activities depends on the nature of its activities. In so far as it carries on the activities of managing investments (other than collective portfolio management), advising on investments or safeguarding and administering investments, it is not a participant firm unless it "tops-up" into the compensation scheme. To the extent that such a firm provides collective portfolio management services for a UCITS scheme from a branch in the United Kingdom or under the freedom to provide cross border services, it is a participant firm in respect of those services.

COMP 14.1.5

handbook-guidance
In relation to an incoming EEA firm's passported activities, its Home State compensation scheme must provide compensation cover in respect of business within the scope of the Deposit Guarantee Directive, Investors Compensation Directive, article 6(3)of the UCITS Directive and article 6(4) of AIFMD, whether that business is carried on from a UK branch or on a cross border services basis. Insurance mediation activity relating to non-investment insurance contracts is not within the scope of the Deposit Guarantee Directive and the Investor Compensation Directive.

COMP 14.1.6

handbook-guidance
If there is no cover provided by the incoming EEA firm's Home State or the scope and/or level of cover is less than that provided by the compensation scheme, this chapter enables the firm to obtain cover or 'top-up' cover from the compensation scheme for its passported activities carried on from a UK branch, up to the compensation scheme's limits (set out in COMP 10). This reflects section 214(5) of the Act (General) and regulation 3 of the Electing Participants Regulations (Persons who may elect to participate). If the firm 'tops up' and then becomes insolvent, the Home State compensation scheme will pay compensation up to the limit and scope of the Home State compensation scheme, with the FSCS paying compensation for the additional amount in accordance with the provisions in this sourcebook (COMP 12.4.1 R and COMP 12.4.4 R).

COMP 14.2

Obtaining top-up cover

  • 01/12/2004

COMP 14.2.1

handbook-rule
An incoming EEA firm may, by notice in writing to the FSCS, elect to receive top-up cover from the compensation scheme if it falls within one of the categories prescribed in regulation 3 of the Electing Participants Regulations (Persons who may elect to participate).

COMP 14.2.2

handbook-rule
An election under COMP 14.2.1 R takes effect on the date when the FSCS notifies the incoming EEA firm that its election has been accepted.

COMP 14.2.3

handbook-guidance
A notice under COMP 14.2.1 R should include details confirming that the incoming EEA firm falls within a prescribed category. In summary:
(1) the firm must be:
(a) a credit institution; or
(b) an IMD insurance intermediary; or
(c) a MiFID investment firm; or
(d) a UCITS management company that carries on the activities of managing investments (other than collective portfolio management), advising on investments or safeguarding and administering investments;
(e) an AIFM that carries on AIFM management functions for an unauthorised AIF; or
(f) an AIFM that provides the services in article 6(4) of AIFMD;
(2) the firm must have established a branch in the United Kingdom in the exercise of an EEA right; and
(3) the scope and/or level of cover provided by the firm's Home State compensation scheme must be less than that provided by the compensation scheme.

COMP 14.2.4

handbook-rule
When the FSCS accepts an application, it must allocate the incoming EEA firm to the contribution group (or groups) which seems to the FSCS to be most appropriate, taking into account the nature of the business for which the incoming EEA firm is seeking cover from the compensation scheme.

COMP 14.2.5

handbook-rule
The FSCS must put in place and publish procedures to enable an appeal by an incoming EEA firm against a rejection by the FSCS of an election to receive top-up cover or a decision to allocate an incoming EEA firm, once the firm's election has been accepted, to a particular contribution group. Such procedures must satisfy the minimum requirements of procedural fairness and comply with the European Convention on Human Rights.

COMP 14.3

Co-operation between the FSCS and Home State compensation schemes

  • 01/12/2004

COMP 14.3.1

handbook-rule
Where an incoming EEA firm obtains top-up cover under COMP 14.2, the FSCS must co-operate with that firm's Home State compensation scheme. In particular, the FSCS mustseek to establish with that firm's Home State compensation scheme appropriate procedures for the payment of compensation to claimants, following the principles set out in Annex II of the Deposit Guarantee Directive or Annex II of the Investor Compensation Directive, as appropriate.
[Note: article 4(5) of the Deposit Guarantee Directive]

COMP 14.4

Ending top-up cover

  • 01/12/2004

FSCS terminating top-up cover

COMP 14.4.1

handbook-rule
The FSCS must terminate an incoming EEA firm's top-up cover where it has ascertained that the conditions in COMP 14.2.1 R are no longer satisfied.

COMP 14.4.2

handbook-rule
If an incoming EEA firm which has top-up cover fails to observe any of the rules in this sourcebook which apply to participant firms, the FSCS must notify the appropriate regulator and the incoming EEA firm's Home State regulator.

COMP 14.4.3

handbook-rule
In cases where COMP 14.4.2 R applies, the FSCS must co-operate with the incoming EEA firm's Home State regulator so that appropriate measures can be taken to ensure that the incoming EEA firm meets its obligations under this sourcebook.

COMP 14.4.4B

handbook-rule
If the incoming EEA firm fails to meet its obligations for a period of twelve months following the notice, the FSCS may, subject to obtaining the consent of the incoming EEA firm'sHome State regulator, terminate its top-up cover. Notwithstanding the termination of top-up cover under this rule, cover will continue for protected deposits which are not repayable on demand without penalty.
  • 01/04/2013

Resignation of an EEA firm from the compensation scheme

COMP 14.4.5

handbook-rule
An incoming EEA firm which has top-up cover may terminate that top-up cover by giving six months' notice in writing to the FSCS.

Notice to customers and the FSCS

COMP 14.4.6

handbook-rule
When an incoming EEA firm's top-up cover comes to an end under COMP 14.4.1 R, COMP 14.4.4 R or COMP 14.4.5 R, it must:
(1) inform all the clients of its UK branch no later than six weeks after the date that its participation ends that they are no longer protected (or, if appropriate, of the more limited protection provided)by the compensation scheme, and of the level of compensation which is then available to them; and
(2) within two months, notify the FSCS whether it has done so.

COMP 14.4.7

handbook-rule
If an incoming EEA firm fails to comply with COMP 14.4.6R (1) , the FSCS must inform the firm's Home State regulator of that fact.

COMP 14.4.8

handbook-rule
The FSCS must bring the ending of an incoming EEA firm's top-up cover to the attention of the incoming EEA firm's clients by means of a public notice.

Export chapter as

COMP 15

Protected deposits: Payments from other schemes

COMP 15.1

Payments from other schemes

Purpose

COMP 15.1.2

handbook-guidance
This section provides the FSCS with the power to administer the payment of compensation on behalf of, or to pay compensation and recover from, another scheme or a government. This section operates separately from Part XVA of the Act.

Application

COMP 15.1.3

handbook-rule
This section applies in respect of compensation for claims for protected deposits.

Payment of compensation to which claimant is entitled from another scheme etc

COMP 15.1.14

handbook-rule
If the FSCS is satisfied that:
(1) a claimant is or is likely at some future date to become entitled to receive a payment of compensation in respect of his actual, contingent or future rights against a relevant personin default:
(a) under a scheme which is maintained by an EEA State or any other state or person comparable to the compensation scheme (in this section, a "Non-UK Scheme"); and/or
(b) as a result of a guarantee given or arrangements made by the Government of the United Kingdom, an EEA State, any other government or any other authority (in this section, an "Other Funder"); and
(2) the FSCS has received prior funding in respect of, or is satisfied that it will be able to recover, the amount of that payment from the Non-UK Scheme or Other Funder;
the FSCS may, irrespective of whether or not the relevant person is in default under the laws or regulations of any other EEA State or any other state or law-country:
(3) make a payment in respect of all or part of that compensation (whether or not yet due or payable) from the Non-UK Scheme or Other Funder, with or without the Non-UK Scheme or Other Funder's prior agreement;
(4) make a payment on account of, or advance to the claimant, the whole or part of the amount in (3) on such terms as the FSCS considers appropriate;
(5) (having been satisfied as to the total amount to be paid or advanced to the claimant) ascertain the proportion of any such payment or advance attributable to the Non-UK Scheme or Other Funder at any time, whether before or after making the payment or advance;
(6) (to the extent that prior funding has not been provided by the Non-UK Scheme or Other Funder) recover from the Non-UK Scheme or Other Funder the whole or any part of the amount of compensation paid or monies paid on account or advanced in respect of potential compensation which is or is likely to be payable to a claimant by the Non-UK Scheme or Other Funder, in accordance with COMP 15.1.17 R to COMP 15.1.20 R; and/or
(7) take such other steps in connection with such payment or advance by the FSCS or to facilitate the payment of compensation that is due or may become due from the Non-UK Scheme or Other Funder as the FSCS considers appropriate;
and references to payment of compensation, payment on account or advance to the claimant include taking such action for the claimant's benefit or on the claimant's behalf.

COMP 15.1.15

handbook-rule
In determining the proportion of any such payment or advance attributable to the FSCS, a Non-UK Scheme or Other Funder, the FSCS may use any methodology or approach it considers appropriate if (and to the extent that) it considers that the cost of ascertaining the proportion by reference to each claimant would exceed or be disproportionate to the benefit of doing so.

COMP 15.1.16

handbook-rule
If the FSCS has made a payment or advance attributable to a Non-UK Scheme or Other Funder, and has acquired a right of recovery against the relevant person or any third party in respect of that amount, the FSCS may determine that the whole or any part of any recoveries which it makes shall be held by it for the benefit of and/or shared amongst the FSCS, that Non-UK Scheme, that Other Funder and/or any other person which has provided prior funding in respect of a payment or advance attributable to any such body (and COMP 7.5.1 R is modified accordingly).

Rights and obligations against the relevant person and third parties

COMP 15.1.19

handbook-rule
The FSCS may determine in accordance with COMP 7.3.4 Rthat the making of an advance by the FSCS to the claimant (under COMP 15.1.14R (4)) shall have the effect that the FSCS may claim and take legal or any other proceedings or steps in the United Kingdom or elsewhere to enforce the rights and claims of the claimant referred to in COMP 7.3.8 R (3) in the name of, and on behalf of, the claimant against the relevant person and/or any third party.

Export chapter as

COMP 16

Disclosure requirements for firms that accept deposits

COMP 16.1

Application and purpose

  • 30/06/2009

COMP 16.1.1

handbook-rule
This chapter applies to:
(1) a UK domestic firm that accepts deposits;
(2) a non-EEA firm that accepts deposits in the United Kingdom; and
(3) an incoming EEA firm that accepts deposits through a UK branch.

COMP 16.1.2

handbook-guidance
The purpose of this chapter is to set out the information about compensation that these firms must disclose, how frequently that information should be disclosed and the methods of communication which should be used.

COMP 16.2

Informing depositors of limitations to coverage

  • 30/06/2009

COMP 16.2.1

handbook-rule
(1) If a protected deposit is not protected by the compensation scheme, the firm must inform the depositor accordingly.
(2) A firm must make the information required by (1) available in a readily comprehensible manner.
[Note: article 9(1) of the Deposit Guarantee Directive]

COMP 16.2.2

handbook-rule
When providing the information required by COMP 16.2.1 R, a firm must use the communication channels it normally uses when communicating with its depositors.

COMP 16.3

UK domestic firms, non-EEA firms and incoming EEA firms

  • 01/01/2010

UK domestic firms and non-EEA firms

COMP 16.3.1

handbook-rule
A firm that is a UK domestic firm or a non-EEA firm must disclose the following information to any protected deposit holder with that firm who is or is likely to be an eligible claimant.

COMP 16.3.2

handbook-guidance
A UK domestic firm that discloses the information required to be disclosed by COMP 16.3.1 R to persons that hold protected deposits through an overseas branch may do so in the local language.

Incoming EEA firms that accept deposits through UK branches

COMP 16.3.3

handbook-rule
An incoming EEA firm that accepts deposits through a UK branch must disclose the following information to any deposit holder with that branch who is or is likely to be eligible to claim for compensation from the firm's Home State compensation scheme.

Incoming EEA firms: conversion of home state compensation scheme limit to sterling

COMP 16.3.5

handbook-guidance
When an incoming EEA firm inserts the Home State compensation scheme maximum payment for deposits in the disclosure required by this section, that amount should be converted into pounds sterling and the exchange rate noted in a footnote. The exchange rate used should be updated regularly.

Frequency of communication

COMP 16.3.6

handbook-rule
(1) A firm must provide the information required to be disclosed by this section on at least a 6 monthly basis.
(2) If a firm normally communicates with a protected deposit holder or a deposit holder protected by the incoming EEA firm's Home State compensation schemeless frequently than every 6 months (1) does not apply and the firm must provide the information required to be disclosed by this section on at least an annual basis.

COMP 16.3.7

handbook-guidance
The PRA considers monthly, quarterly or 6 monthly account statements to be a means of communication for these purposes.

Method of communication

COMP 16.3.8

handbook-rule
(1) If the recipient receives paper statements, the information required to be disclosed by this section must be prominently displayed in the relevant paper statement.
(2) If the recipient uses internet banking, the information required to be disclosed by this section must be communicated by electronic means in a way that brings it to the attention of the recipient.
(3) If the recipient does not receive paper statements or use internet banking the information required to be disclosed by this section must be communicated in a way that brings it to the attention of the recipient.

COMP 16.3.9

handbook-guidance
The PRA considers that if information required to be disclosed by this section is communicated by letter/leaflet sent through the post, email or a pop up box on the firm's internet website the requirement to communicate in a way that brings the information to the attention of the recipient will have been satisfied.

Trading name disclosure

COMP 16.3.10

handbook-rule
Where a firm operates under more than one trading name, the firm must, in any communication required by this section to a deposit holder who is or is likely to be eligible to claim for compensation from the compensation scheme or other Home State compensation scheme and generally in its UK branches and on its website, prominently disclose the trading names under which it operates and explain the impact this has on any deposit holder's entitlement to compensation from the compensation scheme and any relevant Home State or Host State compensation scheme.

Further disclosure

COMP 16.3.11

handbook-guidance
A firm should ensure that all communications to consumers about compensation for protected deposits and deposits protected by an incoming EEA firm'sHome State compensation scheme are clear, fair and not misleading.

COMP 16.3.12

handbook-guidance
A firm should also consider its obligations under the Credit Institutions (Protection of Depositors) Regulations 1995.

COMP 16.4

Compensation information: branches and websites

  • 31/08/2012

COMP 16.4.1

handbook-rule
(1) This section applies to:
(a) a UK domestic firm in relation to each branch in the EEA at which it accepts deposits;
(b) an EEA firm or a non-EEA firm in relation to each branch in the UK at which it accepts deposits;
(2) In this section, references to "compensation sticker" and "compensation poster" are references to the relevant sticker and poster set out in COMP 16 Annex 1 R.
(3) In this section, references to "compensation leaflet" are:
(a) in the case of a UK domestic firm, references to the FSCS's standard leaflet with respect to its protection of deposits;
(b) in the case of an EEA firm, references to a leaflet with respect to the protection of deposits by the compensation scheme of its Home State where such a leaflet is provided electronically and in English by the relevant scheme or, where a leaflet is not available, a link to the Home State scheme's website.

Branches

COMP 16.4.2

handbook-rule
A firm that accepts deposits under a single brand or trading name must prominently display the compensation sticker and compensation poster in each branch in the following ways:
(1) displaying the compensation sticker or compensation poster in the branch window; and
(2) displaying:
(a) the compensation sticker at each cashier window or desk; and
(b) the compensation poster inside the branch.

COMP 16.4.3

handbook-rule
A firm that accepts deposits under multiple brands or trading names must prominently display the compensation sticker and compensation poster in each branch in the following ways:
(1) displaying the compensation poster in the branch window; and
(2) displaying:
(a) the compensation sticker at each cashier window or desk; and
(b) the compensation poster insider the branch.

COMP 16.4.4

handbook-rule
Where the physical design of the branch means that it is not possible to comply with any of the requirements of COMP 16.4.2 R and COMP 16.4.3 R, a firm must display the compensation sticker or the compensation poster in an alternative place in the branch that has equal prominence.

Websites

COMP 16.4.5

handbook-rule
A firm that accepts deposits under a single brand or trading name must, in a way that best brings the information to depositors' attention:
(1) display prominently (in electronic form) the compensation sticker; and
(2) provide from the sticker an electronic link to the compensation leaflet.

COMP 16.4.6

handbook-rule
A firm that accepts deposits under multiple brands or trading names must, in a way that best brings the information to depositors' attention:
(1) display prominently (in electronic form) the compensation poster; and
(2) provide from the poster an electronic link to the compensation leaflet.

COMP 16.4.7

handbook-guidance
The PRA considers that if information required to be disclosed under COMP 16.4.5 R and COMP 16.4.6 R is displayed prominently on the front page of the firm's website or a pop-up box upon logging on to the website, the requirement to communicate in a way that best brings the information to depositors' attention will have been satisfied.

COMP 16.4.8

handbook-guidance
The PRA considers that a UK domestic firm will comply with COMP 16.4.2 R, COMP 16.4.3 R, COMP 16.4.4 R, COMP 16.4.5 R or COMP 16.4.6 R if it displays the relevant compensation sticker and/or compensation poster produced by the FSCS in accordance with the requirements of those rules.

Request for further information

COMP 16.4.9

handbook-rule
A firm must immediately provide the compensation leaflet to any person that requests further information about deposit protection.

Language

COMP 16.4.10

handbook-rule
A UK domestic firm that accepts protected deposits through an overseas branch may provide the information required by this section in the local language (which may be either the compensation sticker, poster or leaflet in that language or the firm's own translation of that sticker, poster or leaflet).

COMP 16 Annex 1R

Content of compensation sticker and poster

  • 31/08/2012

handbook-rule

Export chapter as

COMP 17

Systems and information requirements for firms that accept deposits

COMP 17.1

Application and purpose

  • 31/12/2010

COMP 17.1.1

handbook-rule
(1) This chapter applies to:
(a) a UK domestic firm that accepts deposits;
(b) a non-EEA firm that accepts deposits in the United Kingdom; and
(c) an incoming EEA firm that accepts deposits through a UK branch and has obtained top-up cover.
(2) Notwithstanding (1), this chapter does not apply to a firm which does not conduct business that could give rise to a claim for a protected deposit by an eligible claimant and has no reasonable likelihood of doing so.

COMP 17.1.2

handbook-guidance
The purpose of this chapter is to set out the core systems and information requirements these firms must have in place to facilitate a fast compensation payout to eligible claimants holding protected deposits with them.

COMP 17.2

Core systems and information requirements

  • 31/12/2010

COMP 17.2.1

handbook-rule
(1) A firm must be able to identify which accounts are held by eligible claimants and which accounts (including client accounts and trust accounts) are held on behalf of beneficiaries who are or who may be eligible claimants.
(2) The information required by (1) must be electronically stored.

COMP 17.2.2

handbook-rule
Where eligibility of a customer to bring a claim for compensation from the compensation scheme is likely to change from time to time, a firm must at least annually take reasonable steps to check whether or not the customer is eligible.

COMP 17.2.3

handbook-rule
(1) A firm must be able to provide to the FSCS a single customer view for each eligible claimant, except to the extent that the eligible claimant is the beneficiary of an account held on his behalf by another person or if the account is not active, within 72 hours of a request by the FSCS.
(2) An account is not active if it:
(a) is a dormant account as defined in the Dormant Bank and Building Society Accounts Act 2008; or
(b) is an account for which the firm has received formal notice of a legal dispute or competing claims to the proceeds of the account; or
(c) appears on the 'Consolidated list of financial sanctions targets in the United Kingdom' that is maintained by HM Treasury.
(3) A firm must be able to provide the information required by (1) by electronic transmission and in a format which is readily transferable to and compatible with the FSCS's system.

COMP 17.2.4

handbook-rule
A firm must ensure that each single customer view contains all the information set out in COMP 17.2.8 R.

COMP 17.2.5

handbook-rule
A firm must ensure that in relation to accounts which are held by eligible claimants, the system which produces the single customer view must:
(1) be capable of automatically identifying the amount of compensation payable to each eligible claimant; and
(2) include a check facility which allows the firm to identify if any portion of an eligible claimant's deposit is over the maximum payment for a protected deposit set out in COMP 10.2.3 R.

COMP 17.2.6

handbook-rule
A firm must take reasonable steps to ensure the accuracy of the data it holds in order to satisfy the requirements of this section.

COMP 17.2.7

handbook-rule
(1) If a firm operates less than 5,000 accounts held by eligible claimants, it may elect that the electronic SCV rules do not apply.
(1A) An election within (1) can be revoked.
(1B) A firm must give the PRA notice of an election under (1) or a revocation under (1A).
(1C) An election within (1) or a revocation within (1A) does not take effect until the firm has notified the PRA in writing of the election or revocation.
(2) If a firm hitherto within (1) operates 5,000 or more accounts held by eligible claimants for two consecutive years as at 31 December of each year, the firm must immediately give the PRA notice of that event.
(3) If a firm hitherto within (1) operates 5,000 or more accounts held by eligible claimants for two consecutive accounts years as at 31 December of each year, the electronic SCV rulesapply and continue to apply even if the firm operates less than 5,000 accounts held by eligible claimants at a future date.
(4) If a firm operates 5,000 or more accounts held by eligible claimants on 31 December 2009 the electronic SCV rules apply and continue to apply even if the firm operates less than 5,000 accounts held by eligible claimants at a future date.

Table - Minimum information firms must include in each single customer view

COMP 17.2.8

handbook-rule
This table belongs to COMP 17.2.4 R

COMP 17.2.9

handbook-rule
Where an eligible claimant holds more than one account, the section of the single customer view which sets out "Details of account(s)" must be replicated for each account held.

COMP 17.2.10

handbook-guidance
The amount(s) inserted into each single customer view as the account balance(s) and aggregate balances across all accounts should be the total of principal plus any interest or premium attributable up to the quantification date.

COMP 17.3

Single customer view reporting

  • 31/12/2010

SCV implementation report and SCV report

COMP 17.3.1

handbook-rule
A firm must provide the PRA with an SCV implementation report and an SCV report within three months of receiving permission to accept deposits or, in the case of an incoming EEA firm, obtaining top-up cover.

COMP 17.3.2

handbook-rule
A firm must provide the PRA with an SCV implementation report and an SCV report within three months of a material change in the firm'sSCV system.

COMP 17.3.3

handbook-guidance
The PRA considers that a material change would include any changes that have a material impact on the firm's SCV system. For example, there is likely to be a material change in a firm's SCV system upon a merger or upon the acquisition of a deposit book, or the introduction of a new IT system that relates to the firm's SCV system.

COMP 17.3.4

handbook-rule
A firm must provide the PRA with an SCV report every four years (starting from 31 December 2010 or the date of receiving permission to accept deposits or, in the case of an incoming EEA firm, the date of obtaining top-up cover, whichever is later).

COMP 17.3.5

handbook-guidance
The PRA may request an SCV report at any time as part of its ongoing supervision of the firm.

COMP 17.3.6

handbook-rule
(1) An SCV implementation report provided by a firm subject to the electronic SCV rules must contain a description of the following:
(a) the firm's SCV system and how it has been implemented;
(b) how the firm proposes to transfer to the FSCS a single customer view for each eligible claimant including specifying the transfer method and format;
(c) the testing undertaken with respect to the firm's SCV system;
(d) the number of single customer views in the firm's SCV system;
(e) the firm's plan for the ongoing maintenance of the firm's SCV system;
(f) how the firm's board of directors will ensure that they remain satisfied that the firm's SCV system continues to satisfy the PRA's SCV requirements;
(g) how the check facility required by COMP 17.2.5R (2) is applied; and
(h) any other factors relevant to the design of the firm's SCV system or to an assessment of whether the firm's SCV system satisfies the PRA's SCV requirements.
(2) An SCV implementation report provided by a firm not subject to the electronic SCV rules must contain the following:
(a) a statement confirming that the information required by COMP 17.2.3R (1) is available and can be provided to the FSCS within 72 hours of a request by the FSCS;
(b) a description of how the information required by COMP 17.2.3R (1) is held by the firm; and
(c) a description of how the firm proposes to transfer to the FSCS the information required by COMP 17.2.3R (1).

COMP 17.3.7

handbook-rule
A description of a firm's SCV system and how it has been implemented must include an explanation of any code or keys used internally by the firm so that the FSCS can easily identify which accounts are held by eligible claimants and which accounts are held on behalf of beneficiaries who are or may be eligible claimants.

COMP 17.3.8

handbook-guidance
(1) For the purposes of COMP 17.3.6R (2)(b), an example of a description of how the information required by COMP 17.2.3R (2)(b) is held by the firm is a statement advising that the information is held on paper, electronically or a mix of the two whichever is applicable.
(2) For the purposes of COMP 17.3.6R (2)(c), an example of a description of how the firm proposes to transfer to the FSCS the information required by COMP 17.2.3R (1) is a statement advising that the transfer will be via paper or electronic process whichever is applicable.

COMP 17.3.9

handbook-rule
(1) An SCV report provided by a firm subject to the electronic SCV rules must contain:
(a) a statement signed on behalf of the relevant firm's board of directors confirming that the firm's SCV system satisfies the PRA's SCV requirements;
(b) the date when the firm's SCV system last produced a single customer view for each of the firm's customers that are eligible claimants;
(c) the date when the firm's SCV system last produced sample single customer views and the sample size;
(d) the number of single customer views in the firm's SCV system;
(e) a statement of whether the firm's SCV has been reviewed by external auditors, and if so stating the findings of that review; and
(f) a statement of whether there has been a material change to the firm's SCV system since the date of the firm's previous SCV report.
(2) An SCV report provided by a firm not subject to the electronic SCV rules must contain:
(a) a statement signed on behalf of the relevant firm's board of directors confirming that the firm's SCV system satisfies the PRA's SCV requirements;
(b) the number of single customer views in the firm's SCV system; and
(c) the number of accounts operated by the firm held by eligible claimants.

FSCS sign off

COMP 17.3.10

handbook-rule
A firm subject to the electronic SCV rules must provide the FSCS with a representative sample of 10% of its single customer views or 10,000 of its single customer views (whichever is the smaller number) within:
(1) three months of receiving permission to accept deposits or, in the case of an incoming EEA firm, obtaining top-up cover; and
(2) three months of a material change in the firm'sSCV system.

COMP 17.3.11

handbook-guidance
A representative sample should include all types of account held with the firm by all types of eligible claimant and where the firm operates under more than one trading name the sample should include all types of account held with the firm by all types of eligible claimant for each trading name.

COMP 17.3.12

handbook-rule
The FSCS must advise the PRA whether the information provided by a firm's SCV system is capable of being submitted to the FSCS and whether it is compatible with the FSCS's systems, within six months of receiving the information required by COMP 17.3.10 R.

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Transitional Provisions and Schedules

COMP TP 1

Transitional Provisions

COMP TP 1.1

Transitional Provisions Table

COMP Sch 1

Record-keeping requirements

  • 01/12/2004

COMP Sch 1.1

handbook-guidance

COMP Sch 1.2

handbook-guidance

COMP Sch 2

Notification requirements

  • 01/12/2004

COMP Sch 2.1

handbook-guidance

COMP Sch 2.2

handbook-guidance

COMP Sch 3

Fees and other required payments

  • 01/12/2004

COMP Sch 3.1

handbook-guidance

COMP Sch 6

Rules that can be waived

  • 01/12/2004

COMP Sch 6.1B

handbook-guidance
  • 01/04/2013

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