Regulation 12 Notice of decision on reconsiderationI1
England and Wales
A decision on a disagreement to which an application under regulation 11 relates must be given by notice in writing to—
the claimant; and
the relevant employer,
before the expiry of the period of two months beginning with the date the application was received.
But, if no such notice is given before the expiry of that period, an interim reply must immediately be sent to the persons mentioned in paragraph (1)(a) and (b) setting out—
the reasons for the delay; and
an expected date for giving the decision.
A notice under paragraph (1) must include—
a statement of the decision;
a reference to any legislation on which the person making the decision relied;
in a case where the disagreement relates to the exercise of a discretion, a reference to the legislation conferring the discretion;
a statement that the F1Money and Pensions Service is available to give assistance in connection with any difficulty over any entitlement to an allowance under these Regulations that remains unresolved;
a statement that the Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the payment of allowances by way of compensation to or in respect of persons in relation to whom regulations may be made under section 7 of the Superannuation Act 1972f1, and made or referred in accordance with the Pensions Schemes Act 1993f2; and
the addresses at which the F2Money and Pensions Service and the Pensions Ombudsman may be contacted.
Annotations
Textual amendments
- F1
Words in reg. 12(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. 20(a)
- F2
Words in reg. 12(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. 20(b)
Commencement
Footnotes
- f1
- f2