Regulation E2B Re-assessment of ill health condition determined under regulation E2AF1

by notice in writing at the time of award of the pension, the Secretary of State informed the member that the member’s case may be considered once within a period of three years commencing with the date of that award to determine whether the member satisfies the tier 2 condition at the date of such a consideration;

the member provides further medical evidence to the Secretary of State relating to the satisfaction of the tier 2 condition at the date of the Secretary of State’s consideration and that further medical evidence is provided—

that further medical evidence relates to the same physical or mental infirmity that qualified the member for the member’s tier 1 pension F4; F5...

the member has not become entitled to a tier 2 pension in respect of any later service under regulation S3A(6) F6; and

the member is not—

who has become entitled to a tier 2 ill-health pension under regulation 2.D.8 or 3.D.7 of that Section.

the Secretary of State shall pay from the date of that determination a tier 2 pension under regulation E2A(2) in place of the tier 1 pension being paid to that member; and

that pension shall be calculated in accordance with paragraph (4) of regulation E2A and as if that paragraph included the words “from the date of the Secretary of State’s determination under regulation E2B” after “employment”.