Regulation 197 Appeals to sheriffI1

Scotland

(1)

This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of the police force.

(2)

The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 199 (limitation on appeals), appeal to the sheriff against any of the following decisions—

(a)

a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;

(b)

a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c)

a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;

(d)

a decision by the employer under regulation 65 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e)

a decision by the employer under regulation 105 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f)

a decision by the employer under regulation 97 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3)

The sheriff, after enquiring into the case, may make such order in the matter as appears to the sheriff to be just.

Annotations

Commencement

I1: Reg. 197 in force at 1.4.2015, see reg. 1