PART 3BENEFITS FOR PRACTITIONERS ETC.

CHAPTER 4MEMBERS' RETIREMENT BENEFITS

Entitlement to pensions

Re-assessment of entitlement to an ill-health pension determined under regulation 182183.

(1)

This regulation applies if—

(a)

in the opinion of the Department a member meets the condition in regulation 182(2)(a), and

(b)

at the time the member is awarded a pension under that regulation the Department 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 182(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 Department for a review of whether the member subsequently meets the condition in regulation 182(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 HSC 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 182(3)(a) is satisfied at the date of the Department’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 182(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 240.

(3)

If, after considering the further medical evidence provided by the member, the Department determines that the member meets the condition in regulation 182(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 182, which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Department's determination under regulation 183” after “continued in service”.

F2(4)

In the case of a 2008 Section Optant, this regulation is subject to regulations 260O and 260P.