The National Health Service Pension Scheme Regulations 2008

Determinations E+W

2.J.10    Determination of questions E+W

(1) Except as otherwise provided by this Part, any question arising under the Scheme is to be determined by the Secretary of State.

(2) Any such disagreement as is referred to in section 50 of the 1995 Act (resolution of disputes) must be resolved by the Secretary of State in accordance with any arrangements applicable under that section.

2.J.11    Determinations by medical practitioners E+W

(1) The Secretary of State may make arrangements for functions under this Part in relation to decisions within paragraph (2) that are exercisable by the Secretary of State to be discharged by—

(a) a registered medical practitioner (whether practising alone or as apart of a group) whom the Secretary of State has approved to act on the Secretary of State’s behalf, or

(b) a corporate or unincorporated body which—

(i) employs registered medical practitioners (whether under a contract of service or a contract for services), and

(ii) is so approved.

(2) This paragraph applies to any decision as to a person’s health or degree of physical or mental infirmity F1 ... that is required for the purposes of this Part and, in particular, any such decision required for the purposes of —

[F2 (za) regulation 2.D.2(8) (pension credit members);]

(a) regulation 2.D.8(2)(a) or (3)(a) (early retirement on ill-health (active members)),

(b) regulation 2.D.9(1)(a) or (b) or (3) (re-assessment of ill-health pension),

(c) regulation 2.D.10(1)(a) or (2)(a) (early retirement on ill-health (deferred members)),

[F3 (cc) regulation 2.D.15(1) (option for members in serious ill-health to exchange whole pension for lump sum),]

(d) regulation 2.D.19(6)(b) (procedure for allocation election under regulation 2.D.18),

(e) regulation 2.E.9(1)(b)(ii) (meaning of “dependent child”),

(f) regulation 2.J.4(1) (beneficiaries who are incapable of looking after their affairs).

[F4 (3) In relation to decisions within paragraph (2), the Secretary of State may require any person entitled, or claiming to be entitled, to a benefit under this Part to submit to a medical examination by a registered medical practitioner selected by the Secretary of State, and in that event, the Secretary of State shall also offer the person an opportunity of submitting a report from the person’s own medical adviser as a result of an examination by that medical adviser, and the Secretary of State shall take that report into consideration together with the report of the medical practitioner selected by the Secretary of State.]

Textual Amendments

F1 Words in reg. 2.J.11(2) omitted (with effect from 1.4.2008) by virtue of The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 52(a)(i) (with reg. 93)

F2 Reg. 2.J.11(2)(za) inserted (1.4.2009 with effect from 6.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(3), 51 (with reg. 89)

F3 Reg. 2.J.11(2)(cc) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 52(a)(ii) (with reg. 93)

F4 Reg. 2.J.11(3) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 52(b) (with reg. 93)