Regulation 112 Review and cancellation of enhanced upper tier ill-health pension

(1)

This regulation applies 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 scheme manager may periodically review whether the person's medical unfitness has ceased or significantly improved.

F1(3)

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

(4)

The scheme manager must refer the questions in regulation 115(3) (referral of medical questions – enhanced upper tier ill-health pension) to a selected medical practitioner for decision.

(5)

If the selected medical practitioner gives a report and certificate on the questions referred under regulation 115, 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 an enhanced ill-health pension—

(a)

at the end of the period of 3 months beginning with the date of the report and certificate which contains the decision of 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)

In its application to a member who falls within regulation 4(1)(b), any review by the scheme manager under paragraph (2) shall be of whether the medical unfitness of P has significantly improved to such an extent that P has ceased to be entitled to payment of the enhanced upper tier ill-health pension or lower tier ill-health pension.

(8)

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

(a)

the scheme manager, on a review under another regulation in this Chapter, refers the questions under regulation 115(2) (referral of medical questions - lower tier ill-health pension) to the selected medical practitioner for decision; and

(b)

the selected medical practitioner gives a report F2and certificate 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 service.

(9)

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

Annotations

Textual amendments

F1: Reg. 112(3) substituted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 30(2)
F2: Words in reg. 112(8)(b) inserted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 30(3)