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The Local Government Pension Scheme Regulations (Northern Ireland) 2014

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Right to apply for an appointed person to review a decision

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84.—(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 co-habiting partner of a deceased member;

(b)a dependant of a deceased member or any other person to whom benefits in respect of the deceased member 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 six 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 shall 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 six months ending with the date of the application; or

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

shall set out that person’s full name, address, date of birth, national insurance number (if any) and the name of the person’s 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 six months ending with the date of the application; or

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

shall set out that person’s full name, address and date of birth.

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

(a)that person’s full name, address and date of birth;

(b)that person’s relationship to the member; and

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

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

(8) The application shall be accompanied by a copy of any written notification issued under regulation 82 (notification of first instance decisions).

(9) The application shall be made before the end of the period of six 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 81 (first instance determinations: ill-health), the relevant date is the date notification of it is given under regulation 82.

(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.

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