The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Re-assessment of entitlement to an ill-health pension determined under regulation 182 N.I.

183.—(1) This regulation applies if—

(a) in the opinion of the Department a member meets the condition in regulation 182(2)(a), and

(b) at the time the member is awarded a pension under that regulation the Department gives the member notice in writing that the member's case may be considered once within a period of three years commencing with the date of that award to determine whether the member meets the condition in regulation 182(3)(a) at the date of such a consideration.

(2) A member to whom such a notice under paragraph (1) (b) has been given may apply to the Department for a review of whether he subsequently meets the condition in regulation 182(3) (a) if—

[F1 (a) in the case of a member who does not engage in further HSC employment during the period of three years referred to in paragraph (1)(b), the member makes the application in writing before the end of that period;

(aa) in the case of a member who does engage in further HSC employment during the period of three years referred to in paragraph (1)(b), the member makes the application in writing before the first anniversary of the day on which that employment commences or before the end of that period if sooner,]

(b) the request is accompanied by further written medical evidence—

(i) relating to whether the condition in regulation 182(3)(a) is satisfied at the date of the Department's review,

(ii) that relates to the same physical or mental impairment as a result of which the member met the condition in regulation 182(2)(a), and

(c) no previous application has been made under this paragraph.

(3) If, after considering the further medical evidence provided by the member, the Department determines that the member meets the condition in regulation 182(3)(a), then as from the date on which that determination is made the member—

(a) ceases to be entitled to a tier 1 ill-health pension; and

(b) becomes entitled to a tier 2 ill-health pension under regulation 182, which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Department's determination under regulation 183” after “continued in service”.

Textual Amendments

F1 Reg. 183(2)(a)(aa) substituted for reg. 183(2)(a) (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 64 (with reg. 89)