Regulation 9 Ill-health definitions and review of ill-health pensions

After regulation J5 of the Principal Regulations insert—

“Ill-health definitions

J5A.

In this Part—

• “gainful work” means—

  1. (a)

     work from which the person concerned gains the whole or a substantial part of the person’s income (ignoring any income received from investments, trusts or other sources not related to work), being work—

     1. (i)

        under a contract of employment,

     2. (ii)

        as the holder of an office, or

     3. (iii)

        as a self-employed person engaged in a business or profession; or

  2. (b)

     work from which the person concerned would obtain such an income if the person had not waived payment in relation to that work,

  and the Trustees may treat voluntary or unpaid work as gainful work if they consider that the duties of that work are equivalent to employment for which the person concerned could obtain an income; and

• “permanent” in relation to a situation or condition means that the situation or condition will continue until the applicant attains the age of sixty-five years.

Review of ill-health pensions

J6.

(1)

The Trustees may, at such intervals as the Trustees determine, review the continued payment of an ill-health pension in payment to a person (“P”) by virtue of this Part and may reduce that pension to the extent they consider appropriate or terminate that pension if—

(a)

in the case of a pension payable by virtue of regulation J1(2), J3(2) or J4 the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from—

(i)

performing adequately the duties of a Member of the House of Commons; or

(ii)

performing any gainful work, or

(b)

in the case of a pension payable by virtue of regulation J1(2A) or J2(2), the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from performing adequately the duties of a Member of the House of Commons.

(2)

A review may not be carried out under this regulation on or after the date on which P attains the age of sixty-five years.

(3)

Where a pension is reduced or terminated under this regulation, the pension payable to P with effect from the date when the reduction or termination applies shall, subject to paragraphs (5) and (7) and regulation F7, be the reduced pension (if any) that the Trustees determine should continue to be payable under paragraph (1).

(4)

Paragraph (5) applies where—

(a)

a pension has been reduced or terminated under this regulation, and

(b)

P subsequently fulfils the conditions for payment of a pension by virtue of regulation H1 or H2, including the requirement to apply in writing to the Trustees.

(5)

Where this paragraph applies, the amount of pension payable to P from the date of P’s application under regulation H1 or H2 or, if later, such other date as may be specified in the application must be no less than an amount—

(a)

calculated in accordance with regulation H1 or H2, instead of in accordance with this Part; and

(b)

reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G at the time of P’s retirement under this Part.

(6)

Paragraph (7) applies where—

(a)

a pension has been reduced or terminated under this regulation,

(b)

paragraph (5) does not apply, and

(c)

P subsequently fulfils the conditions for payment of a pension under regulation F1 or F3.

(7)

Where this paragraph applies, the amount of pension payable to P from the date on which P fulfils the conditions in regulation F1 or F3 must be no less than an amount—

(a)

calculated in accordance with regulation F2 or F4, instead of in accordance with this Part; and

(b)

reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G at the time of P’s retirement under this Part.”.