Regulation 58 Member’s request for review of ill-health awardsI1C1

is entitled to a pension under regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment); or

has received a lump sum under regulation 19 of the EDP 2014 (lump sum awards: incapacity for armed forces service) F1or an early departure payment in lieu.

at any time before the fifth anniversary of the day on which the member became entitled to the pension F2, lump sum under EDP 2014 regulation 19 or an early departure payment in lieu; or

after that time if, in the opinion of the scheme manager, the circumstances are exceptional.

review the question whether the member has suffered a permanent breakdown in health involving incapacity for any gainful employment in relation to regulation 51 (entitlement to ill-health pension: active member with permanent serious ill-health); and

if the scheme manager is of the opinion that the member has suffered such a breakdown, determine whether—

has suffered such a breakdown as is mentioned in paragraph (4)(a); and

had done so at the time when the member became entitled to the pension under regulation 52,

the member has suffered such a breakdown as is mentioned in paragraph (4)(a), but

the condition by virtue of which the member became entitled to the pension under regulation 52 has deteriorated so that the member suffered such a breakdown later,

review the question whether the member has suffered a breakdown in health as a result of which the member’s capacity for gainful employment is significantly impaired; and

if, the Secretary of State is of the opinion that the member has suffered such a breakdown, determine whether—

on any review under paragraph (8), the Secretary of State is of the opinion that the member—

the conditions in regulation 52(1)(b) and (c) are met F5then regulation 52 applies from the time when the conditions in regulation 52(1)(a) are first met, and accordingly the member is entitled to a pension under that regulation payable from that time and the scheme manager may set off against such entitlement the amount of any relevant payment.

the amount of any lump sum paid under EDP 2014 regulation 19, including any amounts paid under that regulation by virtue of article 16(4A)(d) of the Armed Forces Early Departure Payments Scheme Order 2005 (“EDP 2005”), or

the amount of any payments received under EDP 2014 regulation 10, including any amounts paid under that regulation by virtue of article 10(8A)(b) of EDP 2005.

on any review under paragraph (8), the Secretary of State is of the opinion that—

the conditions in regulation 52(1)(b) and (c) are met,

means a payment under regulation 9 of the EDP 2014 (entitlement to early departure payments), where the scheme manager determines that payment should be made instead of a payment under EDP 2014 regulation 19;

includes payments made to a person entitled to payment under article 16 of the EDP 2005 where such payment is made under the EDP 2014 by virtue of article 10(8A)(b) of EDP 2005.