5.—(1) Subject to paragraph (3), an application for a review of a reviewable determination must be made—
(a)in the case of a reviewable determination which relates to scheme notification or scheme eligibility, before the end of the period of two months beginning with the date on which that determination was [F1made;]
[F2(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 eligibility or member assessment,
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 [F3, member assessment [F4, ill health payment assessment, 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) [F5or (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.
[F6(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
F1Word in reg. 5(1)(a) substituted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(7)(a)
F2Reg. 5(1)(b)(c) substituted for reg. 5(1)(b) (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(7)(b)
F3Words in reg. 5(1)(c)(ii) 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. 5(3) substituted (16.2.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), regs. 1(3), 22
F6Reg. 5(4) added (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(7)(d)
Commencement Information
I1Reg. 5 in force at 20.7.2005, see reg. 1(1)