The Armed Forces Pension Scheme etc. (Amendment) Order 2006

Power to consult before determining questions, especially relating to ill-health

6.—(1) The existing rule J.9 of the Scheme (determination of questions) is to become paragraph (1) of that rule.

(2) After that paragraph insert—

“(2) But in determining any such question the Secretary of State may consult with such persons as he considers appropriate to advise him about the question and, in particular, in forming an opinion about any question relating to the health of any person for the purposes of Part D, he may consult the Scheme medical adviser.”.

(3) In the following provisions of the Scheme omit “after consultation with the Scheme medical adviser”—

(a) rule D5(2) and (3) (early payment of benefits: active members with permanent serious ill-health),

(b) rule D.8(4)(b), (5)(a), (7)(a), (8)(b), (9) and (10) (member’s requests for review of ill-health awards),

(c) rule D.9(3), (4) and (5) (Secretary of State’s power to review ill-health awards), and

(d) rule D.15(6)(b) (procedure for election for allocation of pension).