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Paragraph 2 Consequences of review

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

(1)

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

(2)

Subject to paragraph (3), a lower tier ill-health pension must 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), 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 that 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 ceases, with immediate effect, whether 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), it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment that person’s entitlement to early payment of the deferred pension ceases with immediate effect.