LOCAL GOVERNMENT PENSION SCHEME APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1)      I refer to your letter of 25 May 2000 in which you appeal (under regulation 102 of the 1997 regulations), against the decision of the Appointed Person for the XXX Fund (the fund), that you are not entitled to benefits from the local government pension scheme (LGPS) following the death of your father, Mr XXX, who was a pensioner in receipt of a pension from the fund.

 

2)      The Appointed Person found that you were not entitled to benefits from the LGPS.  He confirmed that following the death of a pensioner there may be pensions for a surviving spouse and children. However, not all children can benefit normally only those under age 17 or in full time education can be treated as eligible.

 

3)      The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement referred to the Appointed Person under regulation 100.  This regulation refers to a matter relating to the LGPS, which effective means whether the statutory provisions governing the LGPS have been correctly applied in the circumstances.  The Secretary of State has no powers to direct the fund to act outside the provisions of the regulations.

 

4)      The question for decision by the Secretary of State: The question for decision by the Secretary of State is whether you are a child for the purposes of the LGPS and therefore entitled to receive benefits.

 

5)      The Secretary of State’s decision: The Secretary of State has considered all the representations and evidence, and has taken into account the appropriate regulations.  He finds that the LGPS provides benefits for children.  For the purposes of the 1995 regulations and the 1997 regulations a person only counts as a child if either: he is under the age of 17; or since that age he has been in continuous full-time education or training; or he had become physically or mentally incapacitated before the age of 17 or whilst in continuous full-time education or training (regulation G1 of the 1995 regulations or 44 of the 1997 regulations).  The Secretary of State notes you have not claimed that you fall within any of these categories.  He accordingly finds that you are not a child for the purpose of the LGPS and therefore not entitled to receive benefits following the death of your father.

 

6)      The Secretary of State’s decision confirms that made by the Appointed Person.  The Secretary of State is acting judicially and has no power to modify the way the regulations apply to the facts of the case.  Having made his decision he has no power to alter it and his officials cannot discuss the case further.  The decision is binding and can only be overturned by a judgement of the High Court or the Pensions Ombudsman.

 

7)      The Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve.  Their address is 11 Belgrave Road, London, SW1V 1RB (telephone number 020 7233 8080).

 

8)      The Pensions Ombudsman may investigate and determine any complaint of maladministration or any dispute of fact or law in relation to the local government pension scheme.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 020 7834 9144).