Paragraph 15 Determinations by medical practitioners

(1)

The scheme manager may make arrangements for functions under this scheme in relation to decisions to which sub-paragraph (2) applies that are exercisable by the scheme manager to be discharged by—

(a)

a medical practitioner (whether practicing alone or as part of a group) whom the scheme manager has approved to act on the scheme manager's behalf; or

(b)

a body (incorporated or unincorporated) which—

(i)

employs medical practitioners (whether under a contract of service or for services); and

(ii)

is so approved.

(2)

This paragraph applies to a decision as to a person's health or degree of physical or mental infirmity that is required for the purposes of this scheme and, in particular, a decision required for the purposes of—

(a)

regulation 53(5)(b) (procedure for allocation election under regulation 51);

(b)

regulation 76(9) (pension credit member);

(c)

regulation 90(2)(c) or (3)(b) (early retirement on ill health: active members);

(d)

regulation 93(1) or (5) (re-assessment of ill health pension);

(e)

regulation 94(1)(c) or (2)(c) (early retirement on ill health: deferred members);

(f)

regulation 109(1) (option to exchange pension for lump sum: serious ill health);

(g)

regulation 122(3)(b)(i) (dependency because of physical or mental impairment);

(h)

paragraph 7(1) of this Schedule (beneficiary incapable of looking after own affairs);

(i)

section 229(3)(a) of the 2004 Act M1 (determining whether an individual satisfies the severe ill health condition).

(3)

In relation to such a decision, the scheme manager may require a person entitled or claiming to be entitled to benefit under this scheme to submit to a medical examination by a medical practitioner selected by the scheme manager.

(4)

The scheme manager must also offer the person an opportunity to submit a report from the person's own medical adviser following an examination of the person by the medical adviser.

(5)

In taking a decision mentioned in sub-paragraph (1), the scheme manager must take into consideration both—

(a)

the report mentioned in sub-paragraph (4); and

(b)

the report of the medical practitioner who carries out the medical examination mentioned in sub-paragraph (3).

Annotations

Marginal citations

M1: Section 229(3)(a) was substituted by section 660 of, and paragraphs 1 and 6(1) and (3) of Schedule 17 to, the Finance Act 2011 (c.11).