Regulation 57 Scheme manager’s review of ill-health awardsI1C1
United Kingdom
This regulation applies if—
a member is entitled to a pension under regulation 51, 52 or 56 (entitlement to ill-health pension: active member with permanent serious ill-health; entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment; or entitlement to ill-health pension: deferred member with permanent serious ill-health); and
it appears to the scheme manager, after consulting the scheme medical adviser, that there is evidence that the scheme manager would not be of the same opinion as to the member’s condition if the scheme manger reconsidered the question, as the opinion by virtue of which the entitlement arose.
The scheme manager may review the member’s condition under this regulation.
No review is to be made under paragraph (2) after—
the member, in receipt of a pension under regulation 51 or 52 (entitlement to ill health pension: active member with permanent serious ill-health; or entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) has reached normal pension age; or
the member, in receipt of a pension under regulation 56 (entitlement to ill-health pension deferred member with permanent serious ill-health) has reached deferred pension age.
If on any such review, in the case of a member who is entitled to a pension under regulation 51 (entitlement to ill-health pension: active member with permanent serious ill-health), the scheme manager is of the opinion that—
the member has not suffered such a breakdown as is mentioned in regulation 51, but
the member meets the condition in regulation 52,
the scheme manager may determine that the member is to cease to be entitled to a pension under regulation 51 and to become entitled to a pension under regulation 52 at the end of the period of 3 months beginning with the date on which that determination is made.
If on any review under paragraph (2), in the case of a member who is entitled to a pension under regulation 52, the scheme manager is of the opinion that the member has not suffered such a breakdown as is mentioned in regulation 52, the scheme manager may determine that the member is to cease to be entitled to a pension under regulation 52 at the end of the period of 3 months beginning with the date on which that determination is made.
If on any review under paragraph (2), in the case of a member who is entitled to a pension under regulation 56 (entitlement to ill-health pension: deferred member with permanent serious ill-health), the scheme manager is of the opinion that the member has not suffered such a breakdown as is mentioned in regulation 56, the scheme manager may determine that the member is to cease to be entitled to a pension under regulation 56 at the end of the period of 3 months beginning with the date on which that determination is made.
If on any review under paragraph (2), the scheme manager proposes a change of pension payments, the scheme manager must—
notify the member in writing that the scheme manager proposes to make such a change;
include the reason for the scheme manger’s decision; and
give the member information about rights under—
the arrangements established by the scheme manager for the resolution of disputes relating to this scheme that are in force at the time the notification is given; and
Part 10 of the PSA 1993 (investigations: the Pensions Ombudsman).
Annotations
Modifications
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Reg. 57 applied (with modifications) (1.4.2015) by S.I. 2005/438, Sch. 2 para. 23 (as inserted by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), reg. 1(2), Sch. 2 and as amended (with effect from 1.4.2015) by The Armed Forces Pension (Amendment) Regulations 2026 (S.I. 2026/523), regs. 1(b), 2(2), 6)