The Financial Assistance Scheme (Internal Review) Regulations 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.