# The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009, Regulation 12: Amendment of the Financial Assistance Scheme (Appeals) Regulations 2005


(1) The Financial Assistance Scheme (Appeals) Regulations 2005 are amended in accordance with this regulation.
(2) 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—
(a) is unable to work due to ill health;
(b) is likely to continue to be so unable to work until normal retirement age; and
(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;.”.
(3) In regulation 6(2)(b) (notice of appeal), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.
(4) In regulation 17(4)(a) (time and place of oral hearings), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111473672/regulation/12 (the official version)
Page: https://openlegislation.uk/draft-financial-assistance-scheme-and-incapacity-benefit-miscellaneous-amendments-regulations-2009/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.