Regulation 50 M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative schemeI1

For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

No question relating to M’s entitlement to ill-health benefits that has been decided following referral to a selected medical practitioner is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.

In this regulation—

• “equivalent ill-health award in M’s alternative scheme” means—

  1. (a)

     where M is entitled to an ill-health award under regulation B3 of the 1987 Regulations, a lower tier award under the reformed scheme;

  2. (b)

     where M is entitled to—

     1. (i)

        a lower tier award under the 2006 scheme, a lower tier award under the reformed scheme;

     2. (ii)

        an upper tier award under the 2006 scheme, an upper tier award under the reformed scheme;

  3. (c)

     where M is entitled to—

     1. (i)

        a lower tier award under the reformed scheme, and—

        1. (aa)

           M’s legacy scheme is the 1987 scheme, an award under regulation B3 of the 1987 Regulations;

        2. (bb)

           M’s legacy scheme is the 2006 scheme, a lower tier award under that scheme;

     2. (ii)

        an upper tier award under the reformed scheme and M’s legacy scheme is the 2006 scheme, an upper tier award under that scheme;

• “lower tier award” means, in relation to—

  1. (a)

     the 2006 scheme, an award determined in accordance with regulation 29(3) of the 2006 Regulations;

  2. (b)

     the reformed scheme, an ill-health pension payable under regulation 102(3)(a) of the 2015 Regulations;

• “upper tier award” means, in relation to—

  1. (a)

     the 2006 scheme, an award determined in accordance with regulation 29(4) of the 2006 Regulations;

  2. (b)

     the reformed scheme, an ill-health pension payable under regulation 102(3)(b) of the 2015 Regulations.