Regulation 102 Entitlement to enhanced upper tier ill-health pension following claim for paymentI1

This regulation applies if—

P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 94 (annual rate of ill-health pension under this scheme) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

P is not taken to claim payment of an enhanced upper tier ill-health pension if the claim date is more than 5 years after the date on which P became entitled to payment for life of the lower tier ill-health pension.

The time limit in paragraph (4) does not apply if P’s medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P’s retirement, to affect P with increasing severity.

In this regulation—

• “claim date” means the date on which the employer is notified that P’s medical unfitness has worsened; and

• “progressive medical condition” means—

  1. (a)

     a medical condition specified in Schedule 2 (progressive medical conditions); or

  2. (b)

     a medical condition specified on a list published by the Scottish Ministers for the purpose of this regulation.