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

Re-assessment of entitlement to an ill-health pension determined under regulation 52 N.I.

53.—(1) This regulation applies if—

(a) in the opinion of the Department a member meets the condition in regulation 52(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 52(3)(a) at the date of such a consideration.

[F1 (2) A member to whom a notice under paragraph (1)(b) has been given may apply to the Department for a review of whether the member subsequently meets the condition in regulation 52(3)(a) if—

(a) the member makes the application in writing—

(i) within three years of the date of issue of the notice, or

(ii) in the case of a member who engages in further HSC employment during the period of three years referred to in paragraph (1)(b), before the first anniversary of the day on which that employment commences or, if sooner, before the end of that period;

(b) the application for a review is accompanied by further written medical evidence—

(i) relating to whether the condition in regulation 52(3)(a) is satisfied at the date of the Department’s review, and

(ii) that evidence relates to the same physical or mental impairment as a result of which the member met the condition in regulation 52(2)(a);

(c) no previous application for a review has been made under this paragraph; and

(d) the member has not become entitled to a tier 2 ill-health pension in respect of any later service under regulation 113.]

(3) If, after considering the further medical evidence provided by the member, the Department determines that the member meets the condition in regulation 52(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 52 , which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Department's determination under regulation 53” after “continued in service”.

[F2 (4) In the case of a 2008 Section Optant, this regulation is subject to regulations 136P and 136Q.]

Textual Amendments

F1 Reg. 53(2) substituted (with effect in accordance with reg. 1(4)(e) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 33(2)

F2 Reg. 53(4) added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 33(3)