PART 2E+WAdministration

DecisionsE+W

Reference of adjudications to administering authorityE+W

76.—(1) An applicant under regulation 74 (applications for adjudication of disagreements) may refer a decision under regulation 75 (decisions of the adjudicator) for reconsideration by the appropriate administering authority.

(2) A reference under paragraph (1) must—

(a)be made before the relevant date;

(b)set out the applicant's full name, address and date of birth;

(c)if the applicant is not a member of the Scheme, set out the applicant's relationship to any relevant member of the Scheme and give that member's full name, address, date of birth, national insurance number and the name of the member's Scheme employer;

(d)include a statement that the applicant wishes the decision to be reconsidered by the administering authority;

(e)set out the details of the grounds on which the applicant relies;

(f)be accompanied by a copy of any written notifications under regulations 73 (notification of first instance decisions) and 75 (decisions of the adjudicator); and

(g)be signed by or on behalf of the applicant.

(3) The relevant date for the purposes of paragraph (2)(a) is—

(a)in a case where notice of a decision has been given under regulation 75(1), six months from the date the notice is received;

(b)in a case where an interim reply has been sent under regulation 75(2), but no notice has been given under regulation 75(1), seven months from the expected decision date; and

(c)in a case where no notice have been given under regulation 75(1) and no interim reply was sent under regulation 75(2), nine months from the date on which the application was made.

(4) The administering authority must determine—

(a)the procedure to be followed when exercising its functions under this regulation; and

(b)the manner in which those functions are to be exercised, but it must ensure that no person who was involved in the making of a first-instance decision or a decision under regulation 75 (decisions of the adjudicator) is involved in a decision on reconsideration.

(5) For the purposes of paragraph (1) of this regulation, the appropriate administering authority is the administering authority which is or was the last appropriate administering authority for the member who is the applicant, or who is the relevant member in relation to any other applicant.

Modifications etc. (not altering text)