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The Local Government (Discretionary Payments) Regulations 1996

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45.—(1) Any question concerning the rights of any person or his eligibility to be considered for any award under Part V or Part VI shall be decided in the first instance by the relevant LGPS employer, that is to say the LGPS employer who last employed the person in respect of whose employment the question arises; and any question arising under regulation 33(2)(c) as to the identity of the employer to whom the person would have been transferred shall be determined by the Secretary of State.

(2) A decision by the relevant employer does not bind any other LGPS employer or the Secretary of State.

(3) The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after the occurrence of the last event by virtue of which the award may be payable.

(4) A body who have decided any question under this regulation shall, as soon as is reasonably practicable after doing so, send a written notification of their decision to every person affected by it.

(5) The notification shall include—

(a)the grounds for the decision; and

(b)in any case where paragraph (6) applies, a conspicuous statement directing the person’s attention to his right under that paragraph to appeal to the Secretary of State.

(6) Where—

(a)the relevant employer has decided or failed to decide any such question as is mentioned in paragraph (1); and

(b)an appeal is duly made to the Secretary of State,

then, subject to the following provisions of this regulation, the question shall be determined by him and his determination of it shall be final.

(7) The Secretary of State shall not determine any question that fell to be decided by the relevant employer in the exercise of a discretion conferred by these Regulations (but see paragraph 9(4) of Schedule 2).

(8) An appeal under paragraph (6) shall be made by notice in writing which—

(a)shall be served (whether by being sent by post or otherwise) as soon as is reasonably practicable; and

(b)may be served by any person whose interests are affected.

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