{
  "url": "https://openlegislation.uk/police-pension-scheme-scotland-regulations-2015/regulation-104",
  "json_url": "https://openlegislation.uk/police-pension-scheme-scotland-regulations-2015/regulation-104.json",
  "legislation": "ssi/2015/142",
  "legislation_title": "The Police Pension Scheme (Scotland) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/police-pension-scheme-scotland-regulations-2015",
  "path": "regulation/104",
  "kind": "regulation",
  "number": "104",
  "heading": "Review and cancellation of enhanced upper tier ill-health pension",
  "text": "(1) This regulation applies in relation to a person (P) who—\n(a) is receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension; and\n(b) has not reached P’s state pension age.\n(2) The employer may periodically review whether the person’s medical unfitness has ceased or significantly improved.\n(3) A review may be carried out at intervals of no less than 5 years as the employer in its discretion determines.\n(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.\n(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.\n(6) P ceases to be entitled to payment of the enhanced upper tier ill-health pension—\n(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\n(b) if earlier, the day on which P returns to eligible service.\n(7) P remains entitled to payment for life of the lower tier ill-health pension unless—\n(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\n(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.\n(8) In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 104 in force at 1.4.2015, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/142/regulation/104",
    "retrieved_at": "2026-10-28T21:30:03.361596+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}