# The National Health Service Pension Scheme Regulations 1995, Regulation E2B: Re-assessment of ill health condition determined under regulation E2A


(1) This regulation applies to a member in receipt of a tier 1 pension under regulation E2A.
(2) A member to whom this regulation applies may ask the Secretary of State to consider whether the member subsequently meets the tier 2 condition if—
(a) 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;
(b) 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—
(i) in the case of a member who does not engage in further NHS employment during the three year period referred to in (a), before the end of that period;
(ii) in the case of a member who does engage in further NHS employment during the three year period referred to in (a), before the first anniversary of the day on which that employment commences or before the end of that period if sooner, ...
(c) that further medical evidence relates to the same physical or mental infirmity that qualified the member for the member’s tier 1 pension ; ...
(d) the member has not become entitled to a tier 2 pension in respect of any later service under regulation S3A(6) ; and
(e) the member is not—
(i) a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Section of the Scheme, or
(ii) a Waiting Period Joiner within the meaning of regulation 2.L.1 or 3.L.1 of the 2008 Section of the Scheme,
who has become entitled to a tier 2 ill-health pension under regulation 2.D.8 or 3.D.7 of that Section.
(3) If, after considering the further medical evidence provided by a member, the Secretary of State determines that the member satisfies the tier 2 condition—
(a) 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
(b) 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”.
(4) Only one consideration of a member’s case may be undertaken under this regulation.

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Source: https://www.legislation.gov.uk/uksi/1995/300/regulation/E2B (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E2B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.