Regulation 74 Entitlement to lower tier ill-health pension and higher tier ill-health pensionI1
England and Wales
An active member who has not reached normal pension age is entitled to immediate payment of a lower tier ill-health pension if the following conditions are satisfied—
in the opinion of an IQMP, the member is incapable of performing any of the duties of the role in which the member was last employed because of incapacity of mind or body and this incapacity will continue until normal pension age;
the member has at least three months of qualifying service;
consequent on the incapacity in sub-paragraph (a), the member has been dismissed or retired from scheme employment; and
the scheme manager has determined that the member is entitled to a lower tier ill-health pension.
Paragraph (1) is met, and an active member is entitled to immediate payment of a lower tier ill-health pension under paragraph (1), where paragraph (2B) applies and a determination under paragraph (2C) is subsequently made that the member would have been entitled to a lower tier ill-health pension under the 1992 Scheme but for being transferred to this scheme.
An active member is entitled to immediate payment of a higher tier ill-health pension in addition to the lower tier ill-health pension if the following conditions are satisfied—
in the opinion of an IQMP, the member is incapable of undertaking regular employment because of incapacity of mind or body and this incapacity will continue until normal pension age;
the member has at least five years of qualifying service;
the member is entitled to a lower tier ill-health pension; and
the scheme manager has determined that the member is entitled to a higher tier ill-health pension.
Paragraph (2) is met, and an active member is entitled to immediate payment of a higher tier ill-health pension under paragraph (2), where paragraph (2B) applies and a determination under paragraph (2C) is subsequently made that the member would have been entitled to a higher tier ill-health pension under the 1992 Scheme but for being transferred to this scheme.
This paragraph applies where—
prior to 1 April 2022 the authority has decided to obtain the written opinion of an independent qualified medical practitioner under rule H1 (determination by fire authority) of the 1992 Scheme concerning whether a member of that scheme is permanently disabled or able to undertake regular employment before making a determination as to whether the member is entitled to an ill-health award under rule B3 (ill-health awards) of the 1992 Scheme, and
the authority’s determination has not been made prior to 1 April 2022
Where paragraph (2B) applies the scheme manager must determine whether a lower tier ill-health pension or a higher tier ill-health pension, or both, would have been payable under rule B3 (ill-health awards) of the 1992 Scheme on 31 March 2022 had the determination referred to in paragraph (2B)(b) been made on 31 March 2022. Part 12 (determinations and appeals) of this scheme applies to the determination of the scheme manager made under this paragraph.
In these Regulations, an “ill-health award” (“dyfarniad afiechyd”) means the entitlement to the payment of a lower tier ill-health pension, and in cases where the member is also entitled to a higher tier ill-health pension, the payment of a higher tier ill-health pension.
Where an active member (A) is entitled to a lower tier ill-health pension and paragraph 22 (transition member who has not reached normal pension age under the NFPS) or paragraph 24 (transition member who has not reached normal pension age under the 1992 Scheme) of Schedule 2 to these Regulations applies in relation to A—
if paragraph 22 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule 2(2) of the NFPS, be payable to the member under the NFPS;
if paragraph 24 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule B3 (ill-health awards) of the 1992 Scheme, be payable to the member under the 1992 Scheme.
In these Regulations—
the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (a) of paragraph (4) is referred to as the “equivalent amount to the NFPS lower tier ill-health pension” (“swm cyfwerth â’r pensiwn afiechyd haen isaf CPNDT”);
the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (b) of paragraph (4) is referred to as the “equivalent amount to the 1992 Scheme lower tier ill-health pension” (“swm cyfwerth â’r pensiwn afiechyd haen isaf Cynllun 1992”).
Annotations
Textual amendments
- F1
Reg. 74(1A) inserted (30.3.2022) by The Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2022 (S.I. 2022/343), regs. 1(2), 2(2)
- F2
Reg. 74(2A)-(2C) inserted (30.3.2022) by The Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2022 (S.I. 2022/343), regs. 1(2), 2(3)
- F3
Reg. 74(4)(5) inserted (1.4.2015) by The Firefighters' Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/1016), reg. 1(2), Sch. 1 para. 5(c)
Commencement
- I1
Reg. 74 in force at 1.4.2015, see reg. 1(2)