95Determination of questions arising under regulations

95 Determination of questions arising under regulations

(1)  If a question arises as to –

(a) whether any amount periodically paid or payable to or on behalf of a contributor is to be regarded as part of that contributor's salary for the purposes of these regulations; or

(b) the rate of a contributor's salary at any particular time; or

(c) whether any amount received by a contributor is to be regarded as the amount of an allowance; or

(d) the nature or length of a contributor's service; or

(e) whether a contributor is unable, by reason of bodily infirmity, physical incapacity or mental incapacity, to perform his or her duties –

the question is to be determined by the Commission.

(2)  In making a determination for the purposes of subregulation (1)(d) , the Commission is to have regard to the contributor's terms of employment.