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

Effect of re-employment on tier 2 ill-health pensions

112.—(1) This regulation applies if a member who is entitled to a tier 2 ill-health pension under regulation 52 in respect of earlier service—

(a) did not opt to exchange that pension for a lump sum in accordance with regulation 59, and

(b) has re-entered employment (the “further employment”).

(2) Subject to paragraphs (3) and (4), the member ceases to be entitled to the tier 2 ill-health pension under regulation 52, and becomes entitled to a tier 1 ill-health pension under that regulation.

(3) In a case where the further employment is—

(a) not HSC employment, and

(b) an excluded employment,

paragraph (2) does not apply.

(4) In a case where the further employment is—

(a) HSC employment, and

(b) an excluded employment

paragraph (2) does not apply during the initial period.

(5) As regards a further employment in HSC employment—

(a) paragraph (2) applies from the first tier 1 ill-health pension payment date which falls after the first anniversary of the member’s re-entry into HSC employment, whether or not that day is part of a continuous period of further HSC employment beginning with entry into that employment, and

(b) the member may not rejoin the Scheme in respect of that employment or any other HSC employment until after the first anniversary of the member’s re-entry into HSC employment, whether or not that or any other HSC employment is an excluded employment.

(6) For the purposes of this regulation—

(a) an employment is an excluded employment at any time in a tax year, in relation to a member, if the member’s earnings at that time for the purposes of national insurance from the employment and any other employments are such that the lower earnings limit for that year is not exceeded,

(b) for the purposes of paragraph (2) an employment that has been an excluded employment in a tax year is not treated as ceasing to be such an employment until the first day following the end of the pension pay period for the tier 2 ill-health pension in which the limit described in sub-paragraph (a) is first exceeded, and

(c) “the initial period” means the period of 12 months beginning with the day on which the member first enters an employment which results in this regulation applying.

(7) A member who, before attaining the age of 65, has ceased to be entitled to a tier 2 ill-health pension under paragraph (2), and who—

(a) is in further HSC employment and ceases to be employed at all during the initial period, or

(b) is in further employment that is not HSC employment and ceases to be employed in that further employment within a period of one year beginning with the day on which that further employment ceased to be an excluded employment,

may apply to the Department under this paragraph to become entitled to a tier 2 ill-health pension.

(8) An application under paragraph (7)—

(a) where paragraph (7)(a) applies, must—

(i) state that the member has ceased to be employed at all,

(ii) be made within the initial period,

(iii) be made in writing and be accompanied by evidence from a registered medical practitioner that the member meets the condition in regulation 52(3)(a);

(b) where paragraph (7)(b) applies, must—

(i) state that the member has ceased to be employed at all,

(ii) be made within a period of one year beginning with the day on which that employment ceased to be an excluded employment,

(iii) be made in writing and be accompanied by evidence from a registered medical practitioner that the member meets the condition in regulation 52(3)(a).

(9) If on an application under paragraph (7) the Department is satisfied that the member meets the condition in regulation 52(3)(a), from the day following that on which the member’s last employment ceased—

(a) the member ceases to be entitled to the tier 1 ill-health pension under regulation 52, and

(b) becomes entitled to a tier 2 ill-health pension under that regulation in respect of the earlier service.

(10) A member who falls within paragraph (1) must—

(a) notify the Department if the member is in HSC employment at the end of the initial period,

(b) notify the Department if the member’s aggregate earnings for the purposes of national insurance from employments held in a tax year are such that the lower earnings limit for that year is exceeded,

(c) provide the Department or any other person specified by the Department with such further information as the Department specifies concerning any further employment.

(11) This regulation is subject to regulation 113 (re-employed tier 1 ill-health pensioners).