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Regulation 24 Conduct of the review

Original text. Later amendments are not shown.

(1)

The scheme administrator must ensure that, in conducting a review, no member of the scheme administrator’s staff who had any involvement in the determination that is subject to review under any of regulations 21 to 23 is be involved in making the determination of the review.

(2)

Regulations 10 to 13 apply in relation to a review of a determination as they apply in relation to the original determination.

(3)

The determinations that may be made on a review are—

(a)

to confirm the original determination; or

(b)

to make any other determination which the scheme administrator has power to make under regulation 16.

(4)

The scheme administrator must—

(a)

ensure that the review is carried out as soon as reasonably practicable; and

(b)

send the applicant written notice of the result of the review.

(5)

The notice under paragraph (4)(b) must—

(a)

state that the original determination has been confirmed or state the terms of any new determination which has been made in the applicant’s case;

(b)

give reasons for the determination made on the review;

(c)

in the case of a new determination that a payment under the scheme is to be made to the applicant, specify the details required by regulation 18(3)(a) to (f);

(d)

state that the applicant may appeal to the First-tier Tribunal against the determination made on review; and

(e)

state the period within which such an appeal is to be made and provide information as to how to make such an appeal.

(6)

Nothing in this regulation prevents a determination notified to an applicant in accordance with regulation 18(1) or 20(3) from being confirmed on review for reasons that differ in any respect from the reasons given in relation to that determination.