110.—(1) This regulation applies if—
(a)the scheme manager carries out a review under regulation 108(4) (review of lower tier ill-health pension); and
(b)the selected medical practitioner gives a report on the questions referred under regulation 115(2) containing the decision that P is permanently medically unfit for engaging in any regular employment.
(2) P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 102(annual rate of ill-health pension) and payable in accordance with this regulation in addition to the lower tier ill-health pension.
(3) The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.
(4) P is not taken to claim payment of an enhanced upper tier ill-health pension if the claim date is more than 5 years after the date on which P became entitled to receive payment for life of the lower tier ill-health pension.
(5) The time limit in paragraph (4) does not apply if P’s medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P’s retirement, to affect P with increasing severity.
(6) In this regulation—
“claim date” means the date on which the scheme manager is notified that P’s medical unfitness has worsened; and
“progressive medical condition” means—
a medical condition specified in Schedule 2 (progressive medical conditions); or
a medical condition specified on a list published by the Department for the purpose of this regulation.