# The National Health Service Pension Scheme Regulations 2015, 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 (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).

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Source: https://www.legislation.gov.uk/uksi/2015/94/schedule/3/paragraph/15 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/schedule-3/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.