Part VII Insolvency of Employers

Chapter II Payment by the Department of Unpaid Scheme Contributions

122 Complaint to industrial tribunal.

1

Any persons who are competent to act in respect of an occupational pension scheme or a personal pension scheme and who have applied for a payment to be made under section 120 into the resources of the scheme may present a complaint to an industrial tribunal that—

a

the Department has failed to make any such payment; or

b

any such payment made by the Department is less than the amount which should have been paid.

2

Such a complaint must be presented within the period of three months beginning with the date on which the decision of the Department on that application was communicated to the persons presenting it or, if that is not reasonably practicable, within such further period as is reasonable.

3

Where an industrial tribunal finds that the Department ought to make a payment under section 120, it shall make a declaration to that effect and shall also declare the amount of any such payment which it finds that the Department ought to make.