The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Amendment of the Financial Assistance Scheme (Internal Review) Regulations 2005

10.—(1) The Financial Assistance Scheme (Internal Review) Regulations 2005(1) are amended in accordance with this regulation.

(2) In regulation 2(1) (reviewable determinations)(2)—

(a) at the end of sub-paragraph (f) omit “and”, and

(b) at the end of sub-paragraph (g) add—

“; or

(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”).”.

(3) In—

(a) regulation 2(2),

(b) regulation 3(1)(b),

(c) regulation 5(1)(c)(ii),

(d) regulation 6(1)(b),

(e) regulation 11(2), and

(f) regulation 16(1)(b) and (2)(b),

after “ill health eligibility”(3), insert “, severe ill health eligibility”.

(1)

S.I. 2005/1994. Relevant amending instrument is S.I. 2006/3370.

(2)

Regulation 2 was amended by S.I.s 2005/3256, 2006/3370 and 2008/1903.

(3)

Each regulation referred to in this paragraph was amended by S.I.s 2005/3256, 2006/3370 and 2008/1903.