The Financial Assistance Scheme (Internal Review) Regulations 2005

Notice of reviews other than on application U.K.

11.—(1) Where, in relation to an occupational pension scheme, the scheme manager proposes to review a reviewable determination under regulation 10(a) which relates to scheme notification or scheme eligibility, [F1 it] must, as soon as practicable—

(a) issue a notice to that effect to—

(i) the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in relation to that scheme; and

(ii) where that scheme has not completed winding up, the trustees [F2 or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F2 or managers] under sub-paragraph (a)(i);

(b) take reasonable steps to publicise to any interested person that [F1 it] proposes to review the reviewable determination and the date by which written representations must be received by the scheme manager from any such person in connection with the proposed review; and

(c) make a copy of the notice issued under this paragraph available for inspection by any interested person.

(2) Where the scheme manager proposes to review a reviewable determination under regulation 10(a) which relates to member eligibility [F3 , survivor eligibility] [F4 , member assessment [F5 , ill health payment assessment, ill health eligibility] [F6 , severe ill health eligibility] or terminal illness eligibility], [F1 it] must issue a notice to that effect to the person to whom a notice of the reviewable determination was issued under regulation 3.

(3) Where the scheme manager proposes to review a subsequent review decision under regulation 10(b), [F1 it] must—

(a) issue a notice to that effect to any person to whom a notice of the subsequent review decision was issued under regulation [F7 16(1)] ; and

(b) in the case of a subsequent review decision which relates to scheme notification or scheme eligibility—

(i) take reasonable steps to publicise to any interested person that [F1 it] proposes to review the subsequent review decision and the date by which written representations must be received by the scheme manager from any such person in connection with the proposed review; and

(ii) make a copy of the notice issued under sub-paragraph (a) available for inspection by any interested person.

(4) A notice issued by the scheme manager under paragraph (1)(a), (2) or (3)(a) must state the reason why the scheme manager has decided to review the reviewable determination or the subsequent review decision.

Textual Amendments

F1 Word in reg. 11(1)-(3) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(6)(c)

F2 Words in reg. 11 inserted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(4)

F3 Words in Regulations inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(2)

F4 Words in reg. 11(2) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 8(4)(b)

F5 Words in Regulations inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 19(3)

F6 Words in reg. 11(2) inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 10(3)

F7 Word in reg. 11(3)(a) substituted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(9)

Commencement Information

I1 Reg. 11 in force at 20.7.2005, see reg. 1(1)