The Financial Assistance Scheme (Appeals) Regulations 2005

Notice of appeal U.K.

6.—(1) A person wishing to make an appeal must send a notice of appeal to the Ombudsman.

(2) The notice of appeal must be in writing and must include—

(a) the name and address of the appellant;

(b) where the appeal relates to a member assessment decision [F1 , an ill health payment assessment decision, an ill health eligibility decision] [F2 , an early retiree assessment decision, a lump sum assessment decision, an indexation assessment decision, a scheme beneficiaries decision] [F3 , a member eligibility decision [F4 , a severe ill health eligibility decision] [F5 , a survivor eligibility decision] or a terminal illness decision], the name and address of the beneficiary or potential beneficiary if he is not the appellant;

(c) where the appeal relates to a scheme notification decision [F6 , a section 134 or Article 118 directions decision, a valuation approval decision] or a scheme eligibility decision, the name and address of the trustees or managers if they are not the appellant;

(d) if a representative is acting on behalf of the appellant in relation to the appeal, the name and address of that representative, and a statement as to whether that address is the address to be used for the purposes of the appeal;

(e) the date of the review decision or subsequent review decision against which the appeal is made;

(f) a copy of that decision; and

(g) the grounds on which the appeal is made.

(3) The notice of appeal must be signed and dated by—

(a) the appellant;

(b) if a representative is acting on behalf of the appellant in relation to the appeal, that representative, and

(c) where the appeal relates to a scheme notification decision or a scheme eligibility decision, the trustees or managers of the scheme if they are not the appellant.

(4) A notice of appeal that is sent by means of an electronic communications network is treated as having been signed if the identity of the persons who are required by paragraph (3) to sign the notice of appeal can be established from the notice.

(5) The Ombudsman may give directions as to the manner in which the identity of those persons can be established from the notice of appeal.

(6) In paragraph (4), “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003M1 (meaning of electronic communications networks and services).

Textual Amendments

F1 Words in reg. 6(2)(b) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 20(3)

F2 Words in reg. 6(2)(b) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(3)(a)

F3 Words in reg. 6(2)(b) substituted (16.12.2006) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 9(3)

F4 Words in reg. 6(2)(b) inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 12(3)

F5 Words in reg. 6(2)(b) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 34(3)

F6 Words in reg. 6(2)(c) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(3)(b)

Marginal Citations

M1 2003 c. 21.