Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

Right to apply for an appointed person to review a decision

54.—(1) Where there is a disagreement about a matter in relation to the Scheme between a member or an alternative applicant and the Committee, the member or, as the case may be, the alternative applicant may—

(a) apply directly to the appropriate appointed person to decide a disagreement; or

(b) apply to the Committee for it to refer the disagreement to an appointed person for decision.

(2) These persons are alternative applicants—

(a) a widow, widower, surviving civil partner or nominated cohabiting partner (as defined in regulation 25 of the Benefits Regulations) of a deceased member;

(b) a dependant of a deceased member or any other person to whom benefits in respect of him may be paid;

(c) a prospective member;

(d) a pension credit member;

(e) a person entitled to a pension credit;

(f) a person who ceased to be a member, or to fall within sub-paragraph (a), (b), (c), (d) or (e) during the period of 6 months ending with the date of the application; and

(g) in the case of a disagreement relating to the question as to whether a person claiming to be a member or to fall within sub-paragraph (a), (b), (c), (d), (e) or (f) does so, the claimant.

(3) The application for a decision must set out particulars of the disagreement, including a statement as to its nature with sufficient details to show why the applicant is aggrieved.

(4) An application by—

(a) a member or a prospective member;

(b) a person who has ceased to be a member or prospective member during the period of 6 months ending with the date of the application; or

(c) a person claiming to be a person within paragraph (a) or (b),

must set out his full name, address, date of birth, his national insurance number (if any) and the name of his employing authority.

(5) An application by—

(a) a person entitled to a pension credit or a pension credit member;

(b) a person who ceased to be such a person or member during the period of 6 months ending with the date of the application; or

(c) a person claiming to be a person within paragraph (a) or (b),

must set out his full name, address and date of birth.

(6) An application by any other person must set out—

(a) his full name, address and date of birth;

(b) his relationship to the member; and

(c) the member’s full name, address, date of birth, national insurance number and the name of his employing authority.

(7) The application must be signed by or on behalf of the applicant.

(8) The application must be accompanied by a copy of any written notification issued under regulation 52 (notification of first instance decisions).

(9) The application must be made before the end of the period of 6 months beginning with the relevant date or such further period as the appropriate appointed person considers reasonable.

(10) Where the disagreement relates to a decision under regulation 51 (first instance determinations: ill-health), the relevant date is the date notification of it is given under regulation 52.

(11) Otherwise, the relevant date is the date of the act or omission which is the cause of the disagreement or, if there is more than one, the last of them.