OpenLegislation

Regulation 55 Assessment and reassessment of certain transitional ill-health casesI1

England and Wales

(1)

This regulation applies where—

(a)

a remedy member (“M”) was, immediately before 1 April 2022, not a full protection member of the 1992 scheme or a full protection member of the 2007 scheme,

(b)

an assessment (“the transitional assessment”) of M’s entitlement to an ill-health award under the 2015 scheme began before 1 April 2022, and

(c)

a determination had not been made by the scheme manager in relation to the transitional assessment by the end of 31 March 2022.

(2)

Where the transitional assessment has not been determined before 1 October 2023, the scheme manager must secure that—

(a)

the transitional assessment is undertaken on the basis that M’s normal pension age is 55, and

(b)

any steps taken in relation to the transitional assessment, the outcome of which might have been different had they been taken on the basis that M’s normal pension age is 55, are retaken.

(3)

Paragraph (4) applies where—

(a)

the transitional assessment has been determined before 1 October 2023, and

(b)

it was determined that—

(i)

M was entitled to neither a lower tier award nor a higher tier award in the 2015 scheme, or

(ii)

M was entitled to a lower tier award in the 2015 scheme, but not a higher tier award in that scheme.

(4)

Where this paragraph applies, the scheme manager must secure that—

(a)

M is assessed for entitlement to a relevant award under the 2015 scheme on the basis that M’s normal pension age is 55, and

(b)

M is treated as if the transitional assessment had not been undertaken so far as it relates to the relevant award.

(5)

In this regulation—

  • “full protection member of the 1992 scheme” (“aelod diogelwch llawn o gynllun 1992”) means a full protection member of the 1992 scheme within the meaning of paragraph 9 of Schedule 2 to the 2015 Regulations;

  • “full protection member of the 2007 scheme” (“aelod diogelwch llawn o gynllun 2007”) means a full protection member of the NFPS within the meaning of paragraph 9 of Schedule 2 to the 2015 Regulations;

  • “relevant award” (“dyfarniad perthnasol”) means—

    1. (a)

      where paragraph (3)(b)(i) applies, a lower tier award and a higher tier award;

    2. (b)

      where paragraph 3(b)(ii) applies, a higher tier award.

Annotations

Commencement

I1

Reg. 55 in force at 1.10.2023, see reg. 1(3)