The Financial Assistance Scheme (Internal Review) Regulations 2005 No. 1994

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”);

[F1(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”);]

[F1(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”);]

[F1(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”);]

[F1(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”);]

[F1(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”);]

[F1(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”); F2...

[F3(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 [F4, or a survivor [F5or surviving dependant] of that qualifying member,] in accordance with regulation 17 [F6or 17C] of, and [F7Schedule 2, 3 or 4] to, the FAS Regulations (determination of annual and initial payments) (“member assessment”) [F8;F9...

(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”).]

[F10(f)the amount of an ill health payment payable to a qualifying member of a qualifying pension scheme or to a survivor [F11or surviving dependant] of that qualifying member in accordance with regulation 17A (ill health payments) of, and [F12Schedule 2A, 5 or 6 ] (determination of ill health and interim ill health payments) to, the FAS Regulations (“ill health payment assessment”);F13...]

[F10(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”)] [F14; or]

[F14(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, [F15section 134 or Article 118 directions, valuation approval, lump sum assessment, indexation assessment, scheme beneficiaries assessment, early retiree assessment,] member eligibility [F16, survivor eligibility][F17, member assessment [F18, ill health payment assessment, ill health eligibility] [F19, severe ill health eligibility] and terminal illness eligibility] shall be interpreted in accordance with paragraph (1).