Social Security (Northern Ireland) Act 1975

Appeals. N.I.

[F1 7B (1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

(a) the interpretation of the rules of the scheme, or

(b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the Lord Chancellor against that decision.

(2) On deciding an appeal under this paragraph, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

(3) The persons to whom this paragraph applies are the following—

(a) any member of the scheme;

(b) the [F2 surviving spouse or surviving civil partner,] or any surviving dependant, of a deceased member of the scheme;

(c) where the decision relates to the question—

(i) whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, or

(ii) whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

(4) The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this paragraph are to be brought.

(5) Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(6) The administrators shall be entitled to appear and be heard on any appeal under this paragraph.

(7) In this paragraph—

• “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

• “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

• “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;

• “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.]

Textual Amendments

F1 Sch. 10 para. 7B inserted (31.3.1995) by virtue of 1993 c.8, s. 24, Sch. 3 Pt. III, para. 7(4); S.I. 1995/631, art. 2

F2 Words in Sch. 10 para. 7B(3)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 60(b) (with regs. 6-9)