# The Armed Forces Pension Scheme Order 2005, Paragraph D.9: Secretary of State’s power to review ill-health awards

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

(1) This rule applies if—
(a) a member is entitled to a pension under rule D.5, D.6 or D.7, and
(b) it appears to the Secretary of State that there is evidence that he would not be of the same opinion as to the member’s condition if he reconsidered the question as the opinion by virtue of which the entitlement arose.
(2) The Secretary of State may review the member’s condition under this rule.
(3) If, on a review under this rule in the case of a member who is entitled to a pension under rule D.5, ... the Secretary of State is of the opinion—
(a) that the member has not suffered such a breakdown as is mentioned in D.5(1)(a), but
(b) that the member meets the condition in rule D.6(1)(a),
the Secretary of State may determine that the member is to cease to be entitled to a pension under rule D.5 and to become entitled to a pension under rule D.6 at the end of the day on which the determination is made.
(4) If, on a review under this rule in the case of a member who is entitled to a pension under rule D.6, ... the Secretary of State is not of the opinion mentioned in paragraph (1)(a) of that rule, the Secretary of State may determine that the member is to cease to be entitled to a pension under rule D.6 at the end of the day on which the determination is made.
(5) If, on a review under this rule in the case of a member who is entitled to a pension under rule D.7, ... the Secretary of State is not of the opinion mentioned in paragraph (1)(a) of that rule, the Secretary of State may determine that the member is to cease to be entitled to a pension under that rule at the end of the day on which the determination is made.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/D/crossheading/entitlement-to-benefits/paragraph/D.9 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-entitlement-to-benefits/paragraph-D.9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.