COMP 4.3 Exceptions: Circumstances where a person coming within COMP 4.2.2R may receive compensation

A person other than one which comes within any of categories (7), (9), (12) or 6(15) of COMP 4.2.2R is eligible to claim compensation in respect of a long term insurance contract.

1. (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. (2)

   Where the contract has been renewed, the last renewal date shall be taken as the commencement date.

A partnership which falls3 within category 14, or category 17, or both 3of COMP 4.2.2R is eligible to claim compensation in respect of a relevant general insurance contract entered into before commencement.

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:2

1. (1)

   a claim under a protected contract of insurance; or2

2. (2)

   a claim in connection with protected non-investment insurance mediation.2

6The 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. (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. (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).

8A person is eligible to claim compensation for claims made in connection with protected investment business if, at the date at which the relevant person is deemed to be in default, he:

1. (1)

   came within category (14) of COMP 4.2.2 R and he does not exceed the limits for a body corporate which qualifies as a small company under section 247 of the Companies Act 1985 or section 382 of the Companies Act 2006 as applicable; or

2. (2)

   came within category (19) of COMP 4.2.2 R.