Regulation 12 Amendment of the Financial Assistance Scheme (Appeals) Regulations 2005

The Financial Assistance Scheme (Appeals) Regulations 2005^f1 are amended in accordance with this regulation.

In regulation 2 (interpretation), after the definition of “scheme notification decision” insert—

• ““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—

  1. (a)

     is unable to work due to ill health;

  2. (b)

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

  3. (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;.”.

In regulation 6(2)(b) (notice of appeal), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.

In regulation 17(4)(a) (time and place of oral hearings), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.