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Pensions Act 2004

Section 106: Legal assistance scheme

329.This section enables the Lord Chancellor to establish, by regulations, a scheme providing legal assistance for cases which go to the Tribunal. This provision does not extend to Scotland (see section 323(3)(extent)).

330.The legal assistance scheme may make provision for-

  • the kinds of legal assistance that may be provided;

  • the persons by whom legal assistance may be provided;

  • the manner in which applications for legal assistance are to be made;

  • the criteria on which eligibility for legal assistance is to be determined;

  • the persons or bodies by whom applications are to be determined;

  • appeals against refusals of applications; the revocation or variation of decisions; and

  • its administration and the enforcement of its provisions.

331.The conditions placed on the legal assistance provided may require the recipient of the aid to make a contribution.

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