{
  "url": "https://openlegislation.uk/draft-financial-assistance-scheme-and-incapacity-benefit-miscellaneous-amendments-regulations-2009/regulation-12",
  "json_url": "https://openlegislation.uk/draft-financial-assistance-scheme-and-incapacity-benefit-miscellaneous-amendments-regulations-2009/regulation-12.json",
  "legislation": "ukdsi/2009/9780111473672",
  "legislation_title": "The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/draft-financial-assistance-scheme-and-incapacity-benefit-miscellaneous-amendments-regulations-2009",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Amendment of the Financial Assistance Scheme (Appeals) Regulations 2005",
  "text": "(1) The Financial Assistance Scheme (Appeals) Regulations 2005 are amended in accordance with this regulation.\n(2) In regulation 2 (interpretation), after the definition of “scheme notification decision” insert—\n““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—\n(a) is unable to work due to ill health;\n(b) is likely to continue to be so unable to work until normal retirement age; and\n(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,\nfor the purposes of an initial payment under regulation 18(1)(ab) of those Regulations;.”.\n(3) In regulation 6(2)(b) (notice of appeal), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.\n(4) In regulation 17(4)(a) (time and place of oral hearings), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2005/3273. Relevant amending instruments are S.I.s 2006/3370 and 2008/1903."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111473672/regulation/12",
    "retrieved_at": "2026-10-30T14:57:57.885660+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}