The Financial Assistance Scheme (Appeals) Regulations 2005

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InterpretationU.K.

This section has no associated Explanatory Memorandum

2. In these Regulations—

“the Act” means the Pensions Act 2004;

“the FAS Regulations” means the Financial Assistance Scheme Regulations 2005 M1;

“the FAS Internal Review Regulations” means the Financial Assistance Scheme (Internal Review) Regulations 2005 M2;

“the FAS Information and Payments Regulations” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 M3;

“the Ombudsman” means the PPF Ombudsman or a Deputy PPF Ombudsman;

“appeal” means an appeal—

(a)

against a review decision or subsequent review decision; and

(b)

made to the Ombudsman under these Regulations;

“appellant” means any interested person who—

(a)

is entitled under regulation 4 to make an appeal; and

(b)

makes an appeal;

“beneficiary” means a qualifying member or, after his death, his survivor [F1or surviving dependant];

“Deputy PPF Ombudsman” means a person appointed under section 210(1) of the Act (deputy PPF Ombudsmen) to act as a deputy to the PPF Ombudsman;

[F2“early retiree assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not a person is entitled to 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)]

[F3“ill health eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member 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 payment assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to the amount of an ill health payment payable to a beneficiary in accordance with regulation 17A of, and [F4Schedule 2A, 5 or 6] (determination of ill health and interim ill health payments) to, the FAS Regulations;]

[F5“indexation assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to 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 as to the amount of any annual increases to a payment determined in accordance with Schedule 7 to the FAS Regulations;]

“interested person”, in relation to an appeal, means any person who is entitled under regulation 6(1) of the FAS Internal Review Regulations M4 (applications for a review of a reviewable determination) to make an application for the review of the determination to which the review decision or subsequent review decision relates;

[F6“lump sum assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as 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;]

“member assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to the amount of an annual payment payable to a qualifying member [F7or a survivor [F1or surviving dependant] of that qualifying member] of a qualifying pension scheme in accordance with regulation 17 of, and [F8Schedule 2, 3 or 4] to, the FAS Regulations (annual payments; determination of annual and initial payments) M5;

“member eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not a member of a qualifying pension scheme is a qualifying member;

“party to an appeal” means any of the following—

(a)

the appellant;

(b)

the scheme manager; and

(c)

where an appeal relates to a scheme notification decision or a scheme eligibility decision and the occupational pension scheme in question has not completed winding up, the trustees or managers of that scheme, if the trustees or managers are not the appellant;

“potential beneficiary” means any person—

(a)

in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 to the FAS Information and Payments Regulations (information to be provided by appropriate persons) is to be provided to the scheme manager in accordance with regulation 3(3)(a) (information to be provided to the scheme manager) of those Regulations M6; but

(b)

who has not yet been determined to be a beneficiary;

“qualifying member” shall be construed in accordance with regulation 15 of the FAS Regulations (qualifying members);

“qualifying pension scheme” shall be construed in accordance with regulation 9 of the FAS Regulations (qualifying pension schemes);

“representative”, in relation to a party to an appeal, means a person appointed under regulation 27 to act as a representative of that party for the purposes of these Regulations;

“review decision” shall be construed in accordance with regulations 4 (duty of scheme manager to give a review decision) M7, 7(1) and (2) (combined or further applications) and 10 (review decisions or subsequent review decisions other than on application) of the FAS Internal Review Regulations;

[F9“scheme beneficiaries decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to eligibility for and the amount of any payment in accordance with regulation 17G of the FAS Regulations (payments to beneficiaries other than qualifying members, survivors and surviving dependants);]

“scheme eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not an occupational pension scheme is a qualifying pension scheme in accordance with Part 3 of the FAS Regulations (qualifying pension schemes);

“scheme manager” shall be construed in accordance with regulation 5 of the FAS Regulations (scheme manager);

“scheme notification decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to 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 before the end of the notification period, prescribed in that regulation;

[F10“section 134 or Article 118 directions decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to the giving of a direction under section 134 of the Act or Article 118 of the Pensions (Northern Ireland) Order 2005;]

[F11“severe ill health eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to 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—

(a)

is unable to work due to ill health;

(b)

is likely to continue to be so unable to work until normal retirement age; and

(c)

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 those Regulations;.]

“subsequent review decision” has the meaning given in regulation 7(2) of the FAS Internal Review Regulations;

[F12“surviving dependant” has the meaning given in regulation 2(1) of the FAS Regulations;]

“survivor” has the meaning given in regulation 2(1) of the FAS Regulations M8 (interpretation).

[F13“survivor eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not a person is a survivor or surviving dependant of a qualifying member;]

[F14“terminal illness eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member 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.]

[F15“valuation approval decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to the approval of a valuation in respect of the qualifying scheme under regulation 25 of the FAS Regulations (approval of valuation);]

Textual Amendments

F1Words in reg. 2 inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 34(2)(a)

F2Words in reg. 2 inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(a)

F3Words in reg. 2 inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 20(2)(a)

F4Words in reg. 2 substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(b)

F5Words in reg. 2 inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(c)

F6Words in reg. 2 inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(d)

F7Words in reg. 2 inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 20(2)(b)

F8Words in reg. 2 substituted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(e)

F9Words in reg. 2 inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(f)

F10Words in reg. 2 inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(2)(g)

F11Words in reg. 2 inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 12(2)