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Statutory Instruments

2005 No. 1994

PENSIONS

The Financial Assistance Scheme (Internal Review) Regulations 2005

Made

19th July 2005

Coming into force in accordance with regulation 1(1)

Whereas a draft of this instrument was laid before Parliament in accordance with section 316(2)(n) of the Pensions Act 2004(1) and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 286(1) and (3)(g)(i), 315(2) and (4) and 318(1) of the Pensions Act 2004(2), and of all other powers enabling him in that behalf, by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made(3), makes the following Regulations:

Citation, commencement, extent and interpretationU.K.

1.—(1) These Regulations may be cited as the Financial Assistance Scheme (Internal Review) Regulations 2005 and shall come into force on the day after the day on which they are made.

(2) These Regulations extend to Northern Ireland.

(3) In these Regulations—

“the Act” means the Pensions Act 2004;

“the FAS Regulations” means the Financial Assistance Scheme Regulations 2005(4);

F1...

“beneficiary”, except where the context otherwise requires, has the meaning given in regulation 2(1) of the FAS Regulations;

“interested person” means a person who is entitled to make an application for the review of a reviewable determination in accordance with regulation 6(1);

[F2“potential beneficiary” [F3, except where the context otherwise requires,] means any person—

(a)

in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 to the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 (information to be provided by appropriate persons) is to be provided to the scheme manager in accordance with regulation 3(3)(a) of those Regulations (information to be provided to the scheme manager); but

(b)

who has not yet been determined to be a beneficiary;]

“qualifying member” shall be interpreted in accordance with Part 4 of the FAS Regulations (qualifying members);

“qualifying pension scheme” shall be interpreted in accordance with Part 3 of the FAS Regulations (qualifying pension scheme);

“reviewable determination” shall be interpreted in accordance with regulation 2;

“scheme manager” shall be interpreted in accordance with regulation 5 of the FAS Regulations (scheme manager);

[F4“surviving dependant” has the meaning given in regulation 2(1) of the FAS Regulations;]

“survivor” has the meaning given in regulation 2(1) of the FAS Regulations.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 20.7.2005, see reg. 1(1)

Reviewable determinationsU.K.

2.—(1) For the purposes of these Regulations, a reviewable determination is a determination made by, or on behalf of, the scheme manager under, or for the purposes of, the FAS Regulations which relates to—

(a)whether or not the details prescribed in regulation 14 of the FAS Regulations (notification of details) have been supplied to the scheme manager in the form and manner and within the notification period prescribed in that regulation (“scheme notification”);

(b)whether or not an occupational pension scheme is a qualifying pension scheme (“scheme eligibility”);

[F5(ba)the giving of a direction under section 134 of the Act or Article 118 of the Pensions (Northern Ireland) Order 2005 (“section 134 or Article 118 directions”);]

[F5(bb)the approval by the scheme manager of a valuation in respect of a qualifying pension scheme under regulation 25 of the FAS Regulations (approval of valuation) (“valuation approval”);]

[F5(bc)whether or not regulation 17D of the FAS Regulations (lump sum payments) applies in respect of a qualifying member and the amount of any lump sum determined in accordance with regulation 17D of the FAS Regulations (“lump sum assessment”);]

[F5(bd)the amount of any annual increase to an annual payment or ill health payment determined in accordance with Schedules 2 to 6 to the FAS Regulations or to a payment determined in accordance with Schedule 7 to the FAS Regulations (“indexation assessment”);]

[F5(be)eligibility for a payment in accordance with regulation 17G of the FAS Regulations (payments to beneficiaries other than qualifying members, survivors and surviving dependants) and the amount of any such payment (“scheme beneficiaries assessment”);]

[F5(bf)eligibility for a payment in accordance with regulation 17H of the FAS Regulations (payments to qualifying members receiving a pension from the qualifying pension scheme before entitlement to an annual payment or ill health payment) and the amount of any such payment (“early retiree assessment”);]

(c)whether or not a member of a qualifying pension scheme is a qualifying member (“member eligibility”); F6...

[F7(ca)whether or not a person is a survivor or surviving dependant of a qualifying member (“survivor eligibility”)]

(d)the amount of an annual payment payable to a qualifying member of a qualifying pension scheme [F8, or a survivor [F9or surviving dependant] of that qualifying member,] in accordance with regulation 17 [F10or 17C] of, and [F11Schedule 2, 3 or 4] to, the FAS Regulations (determination of annual and initial payments) (“member assessment”) [F12;F13...

(e)whether or not the scheme manager is satisfied that a qualifying member of a qualifying pension scheme is terminally ill for the purposes of regulations 17(3) (annual payments: terminally ill qualifying member) and 18(1)(a)(ii)(bb) (initial payments: terminally ill qualifying member) of the FAS Regulations (“terminal illness eligibility”).]

[F14(f)the amount of an ill health payment payable to a qualifying member of a qualifying pension scheme or to a survivor [F15or surviving dependant] of that qualifying member in accordance with regulation 17A (ill health payments) of, and [F16Schedule 2A, 5 or 6 ] (determination of ill health and interim ill health payments) to, the FAS Regulations (“ill health payment assessment”);F17...]

[F14(g)whether or not the scheme manager is satisfied that a qualifying member of a qualifying pension scheme is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age for the purposes of regulations 17A(1) (ill health payments) and 17B(1) (interim ill health payments) of the FAS Regulations (“ill health eligibility”)] [F18; or]

[F18(h)whether or not the scheme manager is satisfied that a qualifying member is entitled to an annual payment under regulation 17(3C) or 17C of the FAS Regulations or—

(i)is unable to work due to ill health;

(ii)is likely to continue to be so unable to work until normal retirement age; and

(iii)suffers from a progressive disease and as a consequence can reasonably be expected to die within five years but, as appropriate, not within six months,

for the purposes of an initial payment under regulation 18(1)(ab) of the FAS Regulations (“severe ill health eligibility”).]

(2) References in these Regulations to scheme notification, scheme eligibility, [F19section 134 or Article 118 directions, valuation approval, lump sum assessment, indexation assessment, scheme beneficiaries assessment, early retiree assessment,] member eligibility [F20, survivor eligibility][F21, member assessment [F22, ill health payment assessment, ill health eligibility] [F23, severe ill health eligibility] and terminal illness eligibility] shall be interpreted in accordance with paragraph (1).

Textual Amendments

Commencement Information

I2Reg. 2 in force at 20.7.2005, see reg. 1(1)

Notice of a reviewable determinationU.K.

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 [F24or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F24or 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 [F20, survivor eligibility] [F25, member assessment [F22, ill health payment assessment, ill health eligibility] [F26, severe ill health eligibility] or terminal illness eligibility], the scheme manager must F27... issue a notice of that determination to—

(i)the member concerned; or

(ii)any appointed representative [F28within the meaning of regulation 2(7)(b) of the FAS Regulations] [F29, survivor or surviving dependant] of that member.

[F30(1A)]F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A notice issued by the scheme manager under [F32paragraph (1)(a)(i) or (b) F33...], 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 [F34and 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

Commencement Information

I3Reg. 3 in force at 20.7.2005, see reg. 1(1)

[F35Duty of scheme manager to give a review decisionU.K.

4.—(1) Subject to paragraph (2) and regulation 7, a review decision in respect of a reviewable determination must be given by the scheme manager on receipt of an application that—

(a)is made by an interested person; and

(b)otherwise complies with the requirements of regulations 5 and 6.

(2) Where a scheme manager receives from an interested person an application that does not otherwise comply with the requirements of regulations 5 and 6, the scheme manager must, as soon as practicable after receipt of such an application, inform the interested person that—

(a)the application does not comply with those requirements; and

(b)unless the interested person can amend the application, within such period as the scheme manager requests, so that it does comply with those requirements, [F36it] will not conduct the review.]

Textual Amendments

Commencement Information

I4Reg. 4 in force at 20.7.2005, see reg. 1(1)

Time for making an application for a review of a reviewable determinationU.K.

5.—(1) Subject to paragraph (3), an application for a review of a reviewable determination must be made—

[F37(a)in the case of a reviewable determination which—

(i)is made before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and

(ii)relates to scheme notification or scheme eligibility,

before the end of the period of two months beginning on the date on which that determination was made;]

[F37(aa)in the case of a reviewable determination which—

(i)is made after the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and

(ii)relates to scheme notification or scheme eligibility,

before the end of the period of one month beginning on the date on which that determination was made;]

[F37(ab)in the case of a reviewable determination which relates to member assessment or ill health payment assessment, at any time after the date on which that determination was made;]

[F37(ac)in the case of a reviewable determination which relates to valuation approval, before the end of the period of 21 days beginning on the date on which that determination was made;]

[F38(b)in the case of a reviewable determination which—

(i)is made before the coming into force of the Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005; and

(ii)relates to member eligibilityF39...,

at any time after the date on which that determination was made; or

(c)in the case of a reviewable determination which—

(i)is made on or after the coming into force of the Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005; and

(ii)relates to member eligibility [F20, survivor eligibility] [F40, [F41indexation assessment, section 134 or Article 118 directions, lump sum assessment, early retiree assessment, scheme beneficiaries assessment], ill health eligibility [F42, severe ill health eligibility] or terminal illness eligibility],

before the end of the period of one month beginning with the date on which that determination was made.]

(2) An application for a review of a reviewable determination is made when it is received by the scheme manager.

(3) Where, in relation to an application to which paragraph (1)(a) [F43, (aa)] [F44or (c)] applies, the scheme manager is of the opinion that it is reasonable for the application to have been made after the end of the period referred to in that paragraph, the scheme manager must review that determination provided that the application was not made after the end of the period of 12 months beginning with the date on which the reviewable determination was made.

[F45(4) For the purposes of paragraph (2), “application” means an application that—

(a)is made by an interested person; and

(b)otherwise complies with the requirements of this regulation and regulation 6.]

Textual Amendments

Commencement Information

I5Reg. 5 in force at 20.7.2005, see reg. 1(1)

Applications for a review of a reviewable determinationU.K.

6.—(1) An application for a review of a reviewable determination—

(a)which relates to scheme notification or scheme eligibility may, in the case of an occupational pension scheme which—

(i)has not completed winding up, be made by—

(aa)any person who is a [F46 beneficiary or] potential beneficiary of that scheme or a representative of such a person appointed under regulation 17(2) [F47of these Regulations or regulation 2(7)(b) of the FAS Regulations]; or

(bb)the trustees [F48or managers] of that scheme or a representative of those trustees [F48or managers] appointed under regulation 17(1); and

(ii)has been wound up, be made by any person who is a [F49beneficiary or] potential beneficiary of the scheme or a representative of such a person appointed under regulation 17(2) [F47of these Regulations or regulation 2(7)(b) of the FAS Regulations]; and

[F50(aa)which relates to section 134 or Article 118 directions may be made by any person to whom a direction under section 134 of the Act or Article 118 of the Pensions (Northern Ireland) Order 2005 has been given;]

[F50(ab)which relates to valuation approval may be made by the trustees or managers of the qualifying pension scheme or a representative of those trustees or managers appointed under regulation 17(1);]

(b)which relates to [F51member eligibility [F20, survivor eligibility] , member assessment [F22, ill health payment assessment, ill health eligibility] [F52, severe ill health eligibility] [F53, indexation assessment, lump sum assessment, scheme beneficiaries assessment, early retirees assessment] or terminal illness eligibility], may be made by a beneficiary or a potential beneficiary F54... who is affected by that determination or a representative of such a person appointed under regulation 17(2) [F47of these Regulations or regulation 2(7)(b) of the FAS Regulations].

(2) An application for a review of a reviewable determination must be in writing and must include the following information—

(a)the name and address of the person making the application;

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

(c)the grounds on which the application is made;

(d)if a representative has been appointed under regulation 17 to make the application on behalf of another person, the name and address of that person and whether that address is the address to be used for the purposes of the application; and

(e)in a case where the application relates to scheme notification or scheme eligibility and is made after the end of the period specified in regulation 5(1)(a), the reason why the application could not be made before the end of that period.

(3) An application for a review of a reviewable determination—

(a)must be signed and dated by the person making the application; and

(b)may be accompanied by supporting evidence.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 20.7.2005, see reg. 1(1)

Combined or further applicationsU.K.

7.—(1) Where, in relation to an occupational pension scheme—

(a)two or more applications for a review of a reviewable determination which relate to scheme notification or scheme eligibility are made to the scheme manager; and

(b)those applications are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence,

the scheme manager may, for the purposes of these Regulations, give a single review decision in respect of them.

(2) Where, in relation to an occupational pension scheme, the scheme manager gives a review decision in respect of an application for a review of a reviewable determination (“the first application”), the scheme manager may immediately give a review decision on the same basis in respect of other applications which relate to that determination (“a subsequent review decision”) if they are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence as the first application.

(3) For the purposes of paragraph (2), it does not matter whether the other applications were made before or after the first application.

(4) Regulations 8(1)(b)(i) to (iii) and (3), 9(3) and (4) and 16(1) and (3) shall not have effect for the purposes of the scheme manager giving a subsequent review decision.

Commencement Information

I7Reg. 7 in force at 20.7.2005, see reg. 1(1)

Notice of an application for the review of a reviewable determinationU.K.

8.—(1) Subject to paragraph (3), as soon as practicable after [F55its] receipt of an application for a review of a reviewable determination, the scheme manager must—

(a)send a written acknowledgement of [F55its] receipt of the application to the person making the application; and

(b)in a case where the application relates to scheme notification or scheme eligibility—

(i)issue a notice to the effect that [F56it] has received the application to—

(aa)the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or

(bb)where that scheme has not completed winding up, the trustees [F57or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F57or managers] under sub-paragraph (b)(i)(aa);

(ii)take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application has been made and the date by which written representations must be received by the scheme manager from any such person in connection with the application; and

(iii)make a copy of the application available for inspection by any interested person.

(2) An acknowledgement sent by the scheme manager under paragraph (1)(a), or a notice issued by the scheme manager under paragraph (1)(b), must—

(a)in a case where regulation 7(1) applies, state that the scheme manager has decided to combine the application with other applications received by [F58it] which are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence and that [F59it] will give a single review decision in respect of them; and

(b)in a case where regulation 7(2) applies—

(i)state that the scheme manager has given a review decision in respect of the application on the basis of a review decision given by [F58it] in relation to another application or other applications made on the same or substantially the same grounds and supported by the same or substantially the same evidence as that application; and

(ii)enclose a copy of the review decision given in respect of the application.

(3) Paragraph (1)(a) does not apply where, in any case, the person making the application is either—

(a)the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or

(b)the trustees [F57or managers] of that scheme if it was winding up at the time at which the application was made.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 20.7.2005, see reg. 1(1)

Withdrawal or amendment of applicationU.K.

9.—(1) A person who has made an application for a review of a reviewable determination may at any time before a review decision has been given in respect of that application—

(a)withdraw the application and any supporting evidence; or

(b)with the consent of the scheme manager, amend the application or any evidence provided in support of the application.

(2) Where, under regulation 7(1), the scheme manager has decided to combine two or more applications for a review of a reviewable determination and to give a single review decision in respect of them, the withdrawal or amendment of one or more of the combined applications under paragraph (1), or of any evidence provided in respect of them, shall not prevent the scheme manager from giving a single review decision in respect of any remaining such applications provided that they are at least two in number.

(3) The scheme manager shall—

(a)issue a notice about the withdrawal or amendment of an application for the review of a reviewable determination, or of any supporting evidence provided in respect of such an application, 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 respect of the occupational pension scheme to which the application relates; or

(ii)where that scheme has not completed winding up, the trustees [F57or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F57or managers] under sub-paragraph (a)(i);

(b)take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application, or any supporting evidence, has been amended or withdrawn; and

(c)make a copy of—

(i)the notice issued under sub-paragraph (a); and

(ii)any amended application or supporting evidence,

available for inspection by any interested person.

(4) A notice issued by the scheme manager under paragraph (3) must—

(a)where the application to which the notice relates or any supporting evidence has been amended, state how the scheme manager proposes to deal with that application; and

(b)where the application to which the notice relates or any supporting evidence has been amended or withdrawn, state how the scheme manager proposes to deal with any other applications with which that application is, or has been, combined.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 20.7.2005, see reg. 1(1)

Review decisions or subsequent review decisions other than on applicationU.K.

10.  The scheme manager may review—

(a)a reviewable determination; and

(b)a subsequent review decision given by [F60it] pursuant to regulation 7(2) in respect of a reviewable determination,

and give a review decision in relation to the matter otherwise than on application.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 20.7.2005, see reg. 1(1)

Notice of reviews other than on applicationU.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, [F61it] 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 [F62or managers] of the scheme if the scheme manager is not already required to issue a notice to those trustees [F62or managers] under sub-paragraph (a)(i);

(b)take reasonable steps to publicise to any interested person that [F61it] 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 [F20, survivor eligibility] [F63, member assessment [F22, ill health payment assessment, ill health eligibility] [F64, severe ill health eligibility] or terminal illness eligibility], [F61it] 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), [F61it] must—

(a)issue a notice to that effect to any person to whom a notice of the subsequent review decision was issued under regulation [F6516(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 [F61it] 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

Commencement Information

I11Reg. 11 in force at 20.7.2005, see reg. 1(1)

Written representationsU.K.

12.—(1) A person—

(a)to whom a notice is issued by the scheme manager—

(i)under regulation 8(1)(b)(i) in respect of an application for the review of a reviewable determination; or

(ii)under regulation 11(1)(a), (2) or (3)(a) in respect of a decision by the scheme manager to review a reviewable determination or a subsequent review decision; or

(b)who is an interested person to whom the scheme manager has publicised the matters referred to in regulation 8(1)(b)(ii), 11(1)(b) or (3)(b)(i),

or a representative of such a person appointed under regulation 17, may make written representations to the scheme manager in respect of that matter.

(2) Subject to regulation 13(3)(b)(i), any written representations made by virtue of paragraph (1) must be received by the scheme manager—

(a)in a case to which paragraph (1)(a) applies, before the end of the period of 28 days beginning with the date on which the notice was issued; and

(b)in any other case, before the date publicised by the scheme manager in accordance with regulation 8(1)(b)(ii), 11(1)(b) or (3)(b)(i).

Commencement Information

I12Reg. 12 in force at 20.7.2005, see reg. 1(1)

Matters to be considered when giving a review decision or a subsequent review decisionU.K.

13.—(1) In giving a review decision under regulation 4 or 7(1), or a subsequent review decision under regulation 7(2), the scheme manager must take into account—

(a)the grounds on which the application for a review is made;

(b)any evidence provided in support of the application;

(c)any valid written representations received in respect of the application; and

(d)any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.

(2) In giving a review decision under regulation 10(a), or a subsequent review decision under regulation 10(b), the scheme manager must take into account—

(a)any valid written representations received in respect of the proposed review;

(b)any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.

(3) For the purposes of paragraph (1)(c) and (2)(a), a written representation is valid when—

(a)it is made by, or on behalf of, a person—

(i)to whom a notice of a review under regulation 8(1)(b)(i) or 11(1)(a), (2) or (3)(a) was issued by the scheme manager or to whom an acknowledgement was sent by the scheme manager under regulation 8(1)(a); or

(ii)any interested person to whom the scheme manager has publicised the matters referred to in regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i); and

(b)it is received by the scheme manager—

(i)before the end of the period referred to in regulation 12(2)(a) or before the end of such further period as the scheme manager may in any particular case allow; or

(ii)before the date publicised by the scheme manager in accordance with regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i).

Commencement Information

I13Reg. 13 in force at 20.7.2005, see reg. 1(1)

Powers on giving a review decision or a subsequent review decisionU.K.

14.  In giving a review decision under regulation 4, 7(1) or 10, or a subsequent review decision under regulation 7(2), in respect of a reviewable determination, the scheme manager may—

(a)vary or revoke the reviewable determination;

(b)substitute the reviewable determination with a new determination;

(c)provide for any variation, revocation or substitution of the reviewable determination given as a result of the review decision to be treated as if it were given at such time (which may be at a time prior to the making of the review decision) as the scheme manager considers appropriate; and

(d)deal with matters arising out of the review decision, including arrangements to make or recover any or any part of an annual or initial payment made under Part 5 of the FAS Regulations (annual and initial payments), as if they had arisen out of the reviewable determination.

Commencement Information

I14Reg. 14 in force at 20.7.2005, see reg. 1(1)

Matters to be included in a review decision or a subsequent review decisionU.K.

15.  A review decision given under regulation 4, 7(1) or 10, or a subsequent review decision given under regulation 7(2), must be in writing and must include the following information—

(a)a statement of the decision and the reasons for that decision;

(b)whether and, if so, to what extent the decision affects any other determinations made by the scheme manager under the FAS Regulations;

(c)references to any relevant legislation; and

(d)a statement explaining—

(i)that any [F66interested] person issued with a notice of the decision who is dissatisfied with it may appeal against that decision;

(ii)to whom such an appeal may be made;

(iii)the time limit for making such an appeal; and

(iv)the address to which any enquiries about the making of such an appeal can be sent.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 20.7.2005, see reg. 1(1)

[F67Notice of a review decision or a subsequent review decisionU.K.

16.—(1) The scheme manager must issue a notice of a review decision given under regulation 4 or 7(1) or of a subsequent review decision given under regulation 7(2)—

(a)in a case where the reviewable determination relates to scheme notification or scheme eligibility, to—

(i)the person who made the application for a review of a reviewable determination;

(ii)where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and

(iii)the person who notified the scheme manager of the details referred to in regulation 14(1) or (3) of the FAS Regulations (notification of details), if the scheme manager is not already required to issue a notice to that person under sub-paragraph (a)(i) or (ii); and

(b)in a case where the reviewable determination relates to member eligibility [F20, survivor eligibility] [F68, member assessment [F22, ill health payment assessment, ill health eligibility] [F69, severe ill health eligibility] or terminal illness eligibility], to the person who made the application for a review decision.

(2) The scheme manager must issue a notice of a review decision given under regulation 10—

(a)in a case where the reviewable determination relates to scheme notification or scheme eligibility, to—

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

(ii)where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and

(b)in a case where the reviewable determination relates to member eligibility [F20, survivor eligibility] [F70, member assessment [F22, ill health payment assessment, ill health eligibility] [F71, severe ill health eligibility] or terminal illness eligibility], to any person to whom the scheme manager issued a notice under regulation 3(1)(b).

(3) Where the reviewable determination relates to scheme notification or scheme eligibility, the scheme manager must also —

(a)take reasonable steps to publicise to any interested person who has not been issued with a notice under paragraph (1) or (2)—

(i)the fact that a review decision or a subsequent review decision has been made; and

(ii)the right of that person to appeal against that decision;

(b)make a copy of that notice available for inspection by that person; and

(c)issue a notice to that person if he requests it.

(4) A notice issued by the scheme manager under this regulation must be—

(a)in writing; and

(b)accompanied by a copy of—

(i)the review decision; or

(ii)the subsequent review decision,

to which it relates.]

Textual Amendments

Commencement Information

I16Reg. 16 in force at 20.7.2005, see reg. 1(1)

RepresentationU.K.

17.—(1) Subject to paragraph (2), any interested person may, by sending written notice to the scheme manager, appoint a person to act as his representative for the purposes of these Regulations.

(2) Where a person who is a beneficiary or a potential beneficiary—

(a)dies; or

(b)is otherwise incapable of acting for himself,

and there is no person appointed under paragraph (1) in respect of him, the scheme manager may appoint a person to act as that person’s representative for the purposes of these Regulations.

(3) A person appointed to act as a representative of any person under paragraph (1) or (2) for the purposes of these Regulations may be a person who is an appointed representative of that person [F72within the meaning of regulation 2(7)(a)] of the FAS Regulations.

[F73(4) If an interested person appoints a representative under paragraph (1), and then—

(a)dies; or

(b)becomes otherwise incapable of acting for himself,

the person appointed under paragraph (1) is deemed to have been appointed under paragraph (2).]

Textual Amendments

Commencement Information

I17Reg. 17 in force at 20.7.2005, see reg. 1(1)

[F74Representation of childrenU.K.

18.—(1) Subject to paragraph (2), where any interested person is a child aged less than 18, the scheme manager may treat—

(a)a parent of the child;

(b)a person with parental responsibility within the meaning of section 3 of the Children Act 1989 in relation to the child;

(c)a person with parental responsibility or parental rights under the Children (Scotland) Act 1995 in relation to the child;

(d)a person with parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995 in relation to the child,

as a person appointed to act as that child’s representative for the purposes of these Regulations.

(2) Where—

(a)no person referred to in paragraph (1) is known to the scheme manager, the scheme manager may appoint a person to act as that child’s representative for the purposes of these Regulations;

(b)more than one person referred to in paragraph (1) wishes to act as the child’s representative for the purposes of these Regulations, the scheme manager may appoint one of those persons as the representative of that child.]

Textual Amendments

Signed by authority of the Secretary of State for Work and Pensions.

Philip A. Hunt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

19th July 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 286(1) and (3)(g)(i) of the Pensions Act 2004 (c. 35). They make provision for the internal review of reviewable determinations made under the Financial Assistance Scheme.

The Financial Assistance Scheme is established by the Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986) to allow payments to be made to, or in respect of, certain members of certain occupational pension schemes where the liabilities of those schemes to those members are unlikely to be satisfied in full.

Regulation 2 sets out those determinations made by the financial assistance scheme which are reviewable determinations for the purposes of these Regulations.

Regulation 3 provides for a notice of a reviewable determination to be issued to any interested person and for it to contain specified information.

Regulation 4 requires the scheme manager to review a reviewable determination when an application for a review is made.

Regulation 5 provides a time limit for making an application for the review of a reviewable determination. Regulation 5 also enables the scheme manager to extend that time limit in certain circumstances.

Regulation 6 makes provision in respect of the persons who may apply for the review of a reviewable determination and in respect of the form and content of such applications.

Regulation 7 provides for the scheme manager to combine multiple applications received in respect of reviewable determinations which are based on the same or substantially the same grounds and supported by the same or substantially the same evidence and to give a single review decision in respect of them. Regulation 7 also enables the scheme manager to give a review decision (“a subsequent review decision”) immediately in cases where an application for a review has been made in respect of a reviewable determination which is based on the same or substantially the same grounds and is supported by the same or substantially the same evidence as another application in respect of which a review decision has been given.

Regulation 8 requires the scheme manager to notify specified persons of his receipt of an application for the review of a reviewable determination, to publicise to any other interested person that such an application has been made and to make that application available for inspection by such persons.

Regulation 9 enables an application for a review of a reviewable determination to be withdrawn, or any evidence provided in support of the application to be amended at any time prior to the giving of a review decision.

Regulation 10 enables the scheme manager to give a review decision in respect of a reviewable determination otherwise than on an application. Regulation 10 also enables the scheme manager to give a review decision otherwise than on an application in respect of a subsequent review decision.

Regulation 11 requires the scheme manager to notify specified persons of his decision to review a reviewable determination under regulation 10 otherwise than on an application and to publicise that fact to any other interested person. Regulation 11 also requires the scheme manager to notify specified persons of his decision to review a subsequent review decision under regulation 10.

Regulation 12 provides for specified persons who are notified or otherwise made aware of an application for a review of a reviewable determination, or of the scheme manager’s intention to review such a determination or a subsequent review decision, to make written representations to the scheme manager within a specified time limit in respect of the matter.

Regulation 13 makes provision in respect of the matters which are to be taken into account by the scheme manager when giving a review decision or a subsequent review decision.

Regulation 14 specifies the powers of the scheme manager when giving a review decision or a subsequent review decision, including power to vary, revoke or substitute a reviewable determination.

Regulation 15 makes provision in respect of the form and content of a review decision, or a subsequent review decision, given by the scheme manager.

Regulation 16 requires the scheme manager to issue a notice of his review decision, or of a subsequent review decision, to specified persons.

Regulation 17 enables the appointment of a representative to act on behalf of specified persons for the purposes of these Regulations.

As these Regulations are made before the expiry of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2004 by virtue of which they are made, the requirement for the Secretary of State to consult such persons as he considers appropriate does not apply.

A Regulatory Impact Assessment has not been published for this instrument as it has no impact on business, charities and voluntary bodies.

(1)

2004 c. 35. Section 286 is modified in its application to multi-employer schemes by the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441).

(2)

Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

(3)

See section 317(2)(c) of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.

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