# The Armed Forces Pension Scheme Order 2005, Paragraph D.8: Member’s requests for review of ill-health awards

Extent: E+W+S+N.I.

(1) This rule applies if a member—
(a) is entitled to a pension under rule D.6, or
(b) has received a lump sum under article 16 of the Armed Forces Early Departure Payments Scheme Order 2005 (lump sum awards: incapacity for armed forces service) (“article 16”).
(2) The member may request a review of his condition under this rule—
(a) at any time before the fifth anniversary of the day on which the member became entitled to the pension or lump sum, or
(b) after that time if in the opinion of the Secretary of State the circumstances are exceptional.
(3) The request must be made by notice in writing in such form as the Secretary of State requires.
(4) If a member within paragraph (1)(a) requests a review of his condition under this rule, the Secretary of State must—
(a) review the question whether the member has suffered a permanent breakdown in health involving incapacity for any employment (see rule D.5(2) and (3)), and
(b) if, ... he is of the opinion that he has suffered such a breakdown, determine whether—
(i) the member had suffered such a breakdown at the time when he became entitled to the pension under rule D.6, or
(ii) the condition by virtue of which he became so entitled has deteriorated so that he suffered such a breakdown later.
(5) If—
(a) on any review under paragraph (4), ... the Secretary of State is of the opinion that the member—
(i) has suffered such a breakdown as is mentioned in paragraph (4)(a), and
(ii) had done so at the time when he became entitled to the pension under rule D.6, and
(b) the member meets the condition in rule D.5(1)(b),
then the member’s entitlement under rule D.6 ceases and rule D.5 applies as if the conditions mentioned in that rule were met at the time the member ceased to be in service by virtue of which he was eligible to be an active member of the Scheme, and accordingly the member immediately becomes entitled to payment of such an amount as is specified in paragraph (6).
(6) The amount referred to in paragraph (5) is such an amount as represents the sum of—
(a) the difference between the pension payments that have been made to the member under rule D.6 and those to which he was actually entitled under rule D.5, and
(b) the difference between the lump sum paid to him under rule D.6 and the lump sum to which he was actually entitled under rule D.5.
(7) If on any review under paragraph (4), the Secretary of State is of the opinion that—
(a) the member has suffered such a breakdown as is mentioned in paragraph (4)(a), but
(b) the condition by virtue of which he became entitled to the pension under rule D.6 has deteriorated so that he suffered such a breakdown later,
then the member’s entitlement to a pension under rule D.6 ceases and the member is entitled to a pension calculated in accordance with paragraph (7A) from the date on which the review was requested.
(7A) The pension to which a member is entitled under paragraph (7) shall consist of—
(a) a pension calculated under rule D.5, and
(b) an increase in that pension by an amount equivalent to the amount that a pension would be increased if the option to exchange a lump sum under rule D.10 were exercised where the amount of the lump sum exchanged is the difference between the lump sum paid to the member under rule D.6 and the lump sum which the member would have received had the member been entitled to it under rule D.5.
(8) If a member within paragraph (1)(b) requests a review of his condition under this rule, the Secretary of State must—
(a) review the question whether the member has suffered a breakdown in health as a result of which his capacity for gainful employment is significantly impaired, and
(b) if, ... he is of the opinion that the member has suffered such a breakdown, determine whether—
(i) the member had suffered such a breakdown at the time when he became entitled to payment of the lump sum under article 16, or
(ii) the condition by virtue of which he became so entitled has deteriorated so that he suffered such a breakdown later.
(9) If—
(a) on any review under paragraph (8), ... the Secretary of State is of the opinion that the member—
(i) has suffered such a breakdown as is mentioned in paragraph (8)(a), and
(ii) had done so at the time when he became entitled to payment of the lump sum under article 16, and
(b) the conditions in rule D.6(1)(aa) and (b) are met,
then rule D.6 applies from the time when the ill-health condition (as defined in paragraph 1 of Schedule 28 to the Finance Act 2004) is first met, and accordingly the member is entitled to a lump sum under that rule and to a pension under that rule payable from that time (subject to paragraph (12)).
(10) If—
(a) on any review under paragraph (8), ... the Secretary of State is of the opinion that—
(i) the member has suffered such a breakdown as is mentioned in paragraph (8)(a), but
(ii) the condition by virtue of which he became entitled to payment of the lump sum under article 16 has deteriorated so that he suffered such a breakdown later, and
(b) the conditions in rule D.6(1)(aa) and (b) are met,
then rule D.6 applies from the date when the ill-health condition (as defined in paragraph 1 of Schedule 28 to the Finance Act 2004) is first met, and accordingly the member is entitled to a lump sum under that rule and to a pension under that rule payable from that date (subject to paragraph (12)).
(11) If paragraph (9) or (10) applies and the lump sum paid to the member under article 16 was less than the lump sum to which he is entitled under rule D.6, the lump sum to which the member is so entitled is a lump sum equal to the difference.
(12) If paragraph (9) or (10) applies and the lump sum paid to the member under article 16 exceeded the lump sum to which he is entitled under rule D.6, then the member is not entitled to a lump sum under D.6 and the excess must be repaid.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/D/crossheading/entitlement-to-benefits/paragraph/D.8 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-entitlement-to-benefits/paragraph-D.8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.