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44.(1) A person who has applied for a payment under Article 42 may, within the period of three months beginning with the date on which the decision of the Department on that application was communicated to him or, if that is not reasonably practicable, within such further period as is reasonable, present a complaint to an industrial tribunal that (a)the Department has failed to make any such payment; or (b)any such payment made by the Department is less than the amount which should have been paid. (2) Any persons who are competent to act in respect of an occupational pension scheme and who have applied for a payment to be made under Article 43 into the resources of the scheme may, within the period of three months beginning with the date on which the decision of the Department on that application was communicated to them, or, if that is not reasonably practicable, within such further period as is reasonable, present a complaint to an industrial tribunal that (a)the Department has failed to make any such payment; or (b)any such payment made by it is less than the amount which should have been paid. (3) Where an industrial tribunal finds that the Department ought to make a payment under Article 42 or 43, it shall make a declaration to that effect and shall also declare the amount of any such payment which it finds the Department ought to make.
© 1976 Crown Copyright
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