PART 6Retirement benefits

CHAPTER 4Ill health benefits

Provisional award of ill-health pensionI175

1

This regulation applies if the scheme medical adviser is unable to form an opinion on the following matters—

a

whether a member (P) has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment;

b

whether P’s breakdown in health involves—

i

incapacity for employment; or

ii

total incapacity for employment.

2

The scheme medical adviser may recommend that—

a

for a period specified in the recommendation (being a period of not more than 5 years), P is taken to have suffered a permanent breakdown in health involving whichever of the following is specified in the recommendation—

i

incapacity for employment; or

ii

total incapacity for employment; and

b

P’s case should be reviewed by the scheme medical adviser at the end of the period specified in the recommendation.

3

If the scheme manager agrees to the recommendation—

a

the scheme manager must determine if P meets the lower tier payment threshold or the upper tier payment threshold; and

b

P is entitled to the immediate payment of—

i

an ill-health pension in accordance with regulation 74; and

ii

any full retirement added pension payable with it.

4

At the end of the period specified in the recommendation—

a

the scheme medical adviser must give the scheme manager an opinion on the matter to which the recommendation related; and

b

regulation 74 applies to P accordingly, subject to paragraph (5).

5

If as a result of the opinion P ceases to be entitled to payment of a lower tier earned pension, an upper tier top up earned pension or a full retirement added pension, that pension continues to be payable for a period of 3 months beginning with the date of the opinion.