The National Health Service Pension Scheme Regulations 2015

Medical practitioner E+W

2.—(1) This paragraph applies if a member (M)—

(a) is a medical practitioner or a non-GP provider; and

(b) is not in receipt of salary, wages, fees or other regular payments in respect of M's employment by virtue of the application of these regulations to M as mentioned in column 3 of the Table in regulation 27(1).

(2) M's practitioner income is—

(a) the sum of the amounts described in Cases 1 to 5; minus

(b) an amount on account of practice expenses[F1 ; F2 ...

(c) in the case of a practitioner referred to in regulation 166(7), bonuses] [F3 and;

(d) any payment or allowance made pursuant to the New to Partnership Payment Scheme.]

• CASE 1 Income derived by M from each of the following—

  (a)

  a GMS contract;

  (b)

  a PMS agreement;

  (c)

  an APMS contract;

  (ca)

  [F4 a primary care network standard sub-contract;]

  (d)

  payments from, or to, a practitioner who is a GMS practice, a PMS practice or an APMS contractor in respect of the performance of—

  (i)

  certification services;

  (ii)

  commissioned services; or

  (iii)

  collaborative services;

  (e)

  engagement by [F5 NHS England] or a Local Health Board to assist in the provision of primary medical services under—

  (i)

  in the case of England, section 83(2) of the 2006 Act M1 ; or

  (ii)

  in the case of Wales, section 41(2) of the 2006 (Wales) Act;

  (f)

  the provision of locum services;

  (g)

  payments made to M by an OOH provider or other employing authority providing OOH services in respect of the performance of—

  (i)

  primary medical services;

  (ii)

  commissioned services;

  (iii)

  collaborative services;

  (iv)

  NHS 111 services; or

  (v)

  certification services.

  (h)

  payments made to M by an employing authority in respect of M's provision of—

  (i)

  primary dental services;

  (ii)

  general ophthalmic services;

  (iii)

  pharmaceutical services;

  (iv)

  dispensing services;

  (i)

  practice-based work carried out in educating or training or organising the education or training of, medical students or practitioners;

  (j)

  sums paid in respect of the provision of primary medical services where M is engaged by [F6 an integrated care board] to assist in the provision of the services;

  (k)

  sums paid in respect of the provision of services under an NHS standard contract [F7 or NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority];

  (l)

  sums paid in respect of a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the scheme manager agrees to treat as a qualifying contract for these purposes.

• CASE 2 Charges collected from patients in respect of services mentioned in Case 1 sub-paragraph (d) which M is authorised by or under an enactment to retain. This does not include charges authorised by regulations made—

  (a)

  in relation to England, under section 185(1) of the 2006 Act;

  (b)

  in relation to Wales, under 133(1) of the 2006 (Wales) Act.

• CASE 3 Sums paid to M out of a fund determined by reference to the number of beds in a hospital.

• CASE 4 Allowances and other sums paid in respect of Board and advisory work. This does not include payments made to cover expenses.

• CASE 5 Payments [F8 made by an employing authority or a local authority] in respect of health-related functions exercised under section 75 of the 2006 Act.

Textual Amendments

F1 Sch. 10 para. 2(c) and preceding word inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 47(2)

F2 Word in Sch. 10 para. 2(2)(b) omitted (with effect from 1.4.2020) by virtue of The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(9), 28(3)(a) (with reg. 34)

F3 Sch. 10 para. 2(2)(d) and word inserted (with effect from 1.4.2020) by The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(9), 28(3)(b) (with reg. 34)

F4 Words in Sch. 10 para. 2(2)(ca) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 18

F5 Words in Sch. 10 para. 2 substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(5)(b)

F6 Words in Sch. 10 para. 1 substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F7 Words in Sch. 10 para. 2(2)(k) inserted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 87(3) (with reg. 105)

F8 Words in Sch. 10 para. 2 inserted (1.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2), 92

Marginal Citations

M1 Section 83(2) was substituted by section 55(1) of, and paragraph 30(1) and (2) of Schedule 4 to, the Health and Social Care Act 2012 (c.7).