The National Health Service Pension Scheme Regulations 2008

2.D.9    Re-assessment of entitlement to an ill-health pension determined under regulation 2.D.8 E+W

(1) This regulation applies if—

(a) in the opinion of the Secretary of State a member meets the condition in regulation 2.D.8(2)(a), and

(b) at the time the member is awarded a pension under that regulation the Secretary of State 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 2.D.8(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 Secretary of State for a review of whether the member subsequently meets the condition in regulation 2.D.8(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 NHS 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 2.D.8(3)(a) is satisfied at the date of the Secretary of State’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 2.D.8(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 2.G.5.]

(3) If, after considering the further medical evidence provided by the member, the Secretary of State determines that the member meets the condition in 2.D.8(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 2.D.8, which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Secretary of State’s determination under regulation 2.D.9” after “continued in service”.

[F2 (4) In the case of a 2008 Section Optant, this regulation is subject to regulations 2.K.16 and 2.K.17.]

Textual Amendments

F1 Reg. 2.D.9(2) substituted (with effect from 1.4.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2)(4), 30(2)

F2 Reg. 2.D.9(4) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 30(3)