Paragraph 2 Consequences of review

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 Annex A1 inserted by Firefighters’ Pension Scheme 2012 art. 4
Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
Sch. 1 Pt. 13A inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch.
Sch. 1 Pt. 13B inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch. para. 4
Sch. 1 Pt. 9 rule 1 applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 art. 9(c)
Sch. 1 Pt. 9 rule 2 applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 art. 9(c)
Sch. 1 Pt. 9 rule 3(2) words omitted by Fire Reform (Pensions Amendments) 2013 art. 16(a)
Sch. 1 Pt. 13B omitted by Fire Reform (Pensions Amendments) 2013 art. 20
Sch. 1 Pt. 9 rule 3(4) omitted by Fire Reform (Pensions Amendments) 2013 art. 16(b)
sch. 1 Pt. 9 rule 5(3)(b) words inserted by National Security Act 2023 (Consequential Amendments of Subordinate Legislation) 2023 Sch. para. 21(2)
Sch. 1 Annex 3 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 17
Sch. 1 Annex AB1 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 15
Sch. 1 Annex ZA inserted by Firefighters’ Pension Scheme 2014 Sch. para. 13
Sch. 1 Pt. 9 rule 4 words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 8

(1)

If, on such consideration as is mentioned in rule 1(1) of this Part, it is found that a person who is in receipt of a higher tier ill-health pension has become capable of undertaking regular employment, the person’s entitlement to that pension shall cease with immediate effect.

(2)

Subject to paragraph (3), a lower tier ill-health pension shall continue to be paid to a person who ceases to be entitled to a higher tier ill-health pension.

(3)

If–

(a)

on such consideration as is mentioned in rule 1(1) of this Part, it is found that a person who is in receipt of a lower tier ill-health pension has become capable of performing the duties appropriate to the role from which the person retired on grounds of ill-health; and

(b)

the authority make the person an offer of employment in that role (“a paragraph (3)(b) offer”),

the person’s entitlement to a lower tier ill-health pension shall cease, with immediate effect, whether or not the person accepts or declines the offer.

(4)

A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under rule 3 of Part 3.

(5)

If, on such consideration as is mentioned in rule 1(2) of this Part, it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment, the person’s entitlement to early payment of the deferred pension shall cease with immediate effect.