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Regulation 106 Review and cancellation of full retirement pension which came into payment early on grounds of permanent medical unfitnessI1

Scotland

(1)

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

(a)

is receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitnessf1; and

(b)

has not reached P’s state pension age.

(2)

The employer may periodically review whether P’s medical unfitness has ceased.

(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(4) (referral of medical questions for purpose of a review: full retirement pension) to a selected medical practitioner for decision.

(5)

If the selected medical practitioner gives a report on the questions referred under regulation 107(4) containing the decision that the member has ceased to be medically unfit for engaging in any regular employment, the scheme manager must cease to make payments of the full retirement pension from the beginning of the next pay period.

(6)

In this regulation, “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Annotations

Commencement

I1

Reg. 106 in force at 1.4.2015, see reg. 1

Footnotes

f1

See regulation 81(3) for when a full retirement pension comes into payment early on grounds of permanent medical unfitness.