Regulation 104 Review and cancellation of enhanced upper tier ill-health pensionI1

Scotland

(1)

This regulation applies in relation to a person (P) who—

(a)

is receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension; and

(b)

has not reached P’s state pension age.

(2)

The employer may periodically review whether the person’s medical unfitness has ceased or significantly improved.

(3)

A review may be carried out at intervals of no less than 5 years as the employer in its discretion determines.

(4)

The employer must refer the questions in regulation 107(3) (referral of medical questions for purpose of a review: enhanced upper tier ill-health pension) to a selected medical practitioner for decision.

(5)

If the selected medical practitioner gives a report on the questions referred under regulation 107(3) containing the decision that P has ceased to be medically unfit for engaging in any regular employment, P ceases to be entitled to payment of the enhanced upper tier ill-health pension.

(6)

P ceases to be entitled to payment of the enhanced upper tier ill-health pension—

(a)

at the end of the period of 3 months beginning with the date of the report which contains the decision by the selected medical practitioner that P has ceased to be medically unfit for engaging in any regular employment; or

(b)

if earlier, the day on which P returns to eligible service.

(7)

P remains entitled to payment for life of the lower tier ill-health pension unless—

(a)

the employer, on a review under another regulation in this Chapter, refers the questions under regulation 107(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to the selected medical practitioner for decision; and

(b)

the selected medical practitioner gives a report on those questions containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police force.

(8)

In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Annotations

Commencement

I1: Reg. 104 in force at 1.4.2015, see reg. 1