The Armed Forces Pension Regulations 2014
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Change 1
123 Procedure, references etc
(1) If the Secretary of State proposes to withhold a person’s benefits under regulation 121 (forfeiture of benefits) the Secretary of State must notify the person in writing that he proposes to do so. (2) Such a notification must give the person information about rights under— (a) the arrangements established by the Secretary of State for the resolution of disputes relating to the scheme that are in force at the time the notification is given; and (b) Part 10 of the PSA 1993 (investigations: the Pensions Ombudsman), in respect of any decision made under regulation 121 (forfeiture of benefits). (3) If the Secretary of State withholds benefits under regulation 121 (forfeiture of benefits) in a case where regulations 122(1)(c) (monetary obligation) applies, the member must be given a certificate showing any amount withheld and the effect of its being withheld on the member’s benefits under the scheme. (4) The Secretary of State— (a) may refer the question whether benefits of a person to whom regulation 121(2) (conviction of member) applies should be withheld to the Social Security Commissioner; and (b) must refer that question if the person to whom that rule applies or an eligible child of the member requests the Secretary of State to do so.
123 Procedure, references etc
(1) If the Secretary of State proposes to withhold a person’s benefits under regulation 121 (forfeiture of benefits) the Secretary of State must notify the person in writing that he proposes to do so. (2) Such a notification must give the person information about rights under— (a) the arrangements established by the Secretary of State for the resolution of disputes relating to the scheme that are in force at the time the notification is given; and (b) Part 10 of the PSA 1993 (investigations: the Pensions Ombudsman), in respect of any decision made under regulation 121 (forfeiture of benefits). (3) If the Secretary of State withholds benefits under regulation 121 (forfeiture of benefits) in a case where regulations 122(1)(c) (monetary obligation) applies, the member must be given a certificate showing any amount withheld and the effect of its being withheld on the member’s benefits under the scheme. (4) The Secretary of State— (a) may refer the question whether benefits of a person to whom regulation 121(2) (conviction of member) applies should be withheld to the Social Security Commissioner; and (b) must refer that question if the person to whom that rule applies or an eligible child of the member requests the Secretary of State to do so.
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