Decisions of the administering authority on reconsiderationE+W
77.—(1) An administering authority must give written notice of its decision after reconsideration under regulation 76 (reference of adjudications to administering authority) to—
(a)the applicant; and
(b)where the administering authority is not the Scheme employer, to the Scheme employer,
before the expiry of the period of two months beginning with the date the application is received.
(2) But if no such notice is given before the expiry of that period, an interim reply must be sent as soon as is reasonably practicable to the persons mentioned in paragraph (1)(a) and (b) setting out—
(a)the reasons for the delay; and
(b)an expected date for giving the decision (“the expected decision date”)
(3) A notice under paragraph (1) must include—
(a)a statement of the decision;
(b)a reference to any legislation on which the administering authority relied;
(c)in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of these Regulations conferring the discretion;
(d)a statement that the [F1Money and Pensions Service] is available to give assistance in connection with any difficulty with the Scheme that remains unresolved;
(e)a statement that the Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the Scheme made or referred in accordance with the Pension Schemes Act 1993 M1; and
(f)the addresses at which the [F2Money and Pensions Service] and the Pensions Ombudsman may be contacted.
(4) A decision under paragraph (1) takes effect as a decision of the Scheme employer or administering authority, as the case may be, except where the matter concerns the exercise of a discretion, in which case, if the adjudicator does not uphold the decision, the matter must be referred back to the body which made the decision under adjudication for reconsideration or, where that body would have been the Scheme employer but that body is no longer a Scheme employer, to the appropriate administering authority.
Textual Amendments
F1Words in reg. 77(3)(d) substituted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 21(b)
F2Words in reg. 77(3)(f) substituted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 21(b)
Modifications etc. (not altering text)
C1Regs. 72-80 applied (1.4.2014) by The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525), regs. 1(3), 23
Marginal Citations