The Financial Assistance Scheme (Internal Review) Regulations 2005

Changes over time for: Section 3

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Financial Assistance Scheme (Internal Review) Regulations 2005, Section 3.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Notice of a reviewable determinationU.K.

This section has no associated Explanatory Memorandum

3.—(1) Where, in relation to an occupational pension scheme, a reviewable determination is made which relates to—

(a)scheme notification or scheme eligibility, the scheme manager must—

(i)issue a notice of that determination to—

(aa)the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations (notification of details) to the scheme manager; or

(bb)where the scheme has not completed winding up, the trustees [F1or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F1or managers] under sub-paragraph (a)(i)(aa);

(ii)take reasonable steps to publicise to any other interested person that such a determination has been made; and

(iii)make a copy of the notice issued under sub-paragraph (a)(i) available for inspection by any interested person; or

(b)member eligibility [F2, survivor eligibility] [F3, member assessment [F4, ill health payment assessment, ill health eligibility] [F5, severe ill health eligibility] or terminal illness eligibility], the scheme manager must F6... issue a notice of that determination to—

(i)the member concerned; or

(ii)any appointed representative [F7within the meaning of regulation 2(7)(b) of the FAS Regulations] [F8, survivor or surviving dependant] of that member.

[F9(1A)]F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A notice issued by the scheme manager under [F11paragraph (1)(a)(i) or (b) F12...], or made available by the scheme manager for inspection under paragraph (1)(a)(iii), must be in writing and must contain the following information—

(a)a statement of the reviewable determination made and of the reasons for that determination;

(b)the date on which the reviewable determination was made;

(c)the name of the occupational pension scheme to which the reviewable determination relates;

(d)if that occupational pension scheme has not completed winding up [F13and a transfer notice has not been given in relation to the scheme under regulation 29 of the FAS Regulations], the address and telephone number of at least one trustee of the scheme;

(e)the name in legible characters of the person issuing the notice and the date on which the notice is issued;

(f)a statement that if a person to whom the notice is issued is dissatisfied with the reviewable determination, he may ask the scheme manager to give a review decision in respect of that determination;

(g)the applicable time limit for requesting a review of a reviewable determination;

(h)an explanation of how an application may be made for the review of a reviewable determination;

(i)an explanation of how such an application will be considered;

(j)a summary of the scheme manager’s powers on giving a review decision in respect of a reviewable determination.

Textual Amendments

F1Words in reg. 3 inserted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(4)

F2Words in Regulations inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(2)

F3Words in reg. 3(1)(b) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 8(4)(b)

F4Words in Regulations inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 19(3)

F5Words in reg. 3(1)(b) 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)

F6Words in reg. 3(1)(b) omitted (2.4.2010) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 20(3)(a)

F7Words in reg. 3(1)(b)(ii) inserted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(5)