PART 6Retirement benefits
CHAPTER 4Ill health benefits
Provisional award of ill-health pension75
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.