PART 7Retirement benefits
CHAPTER 5Review of Ill-health benefits
Entitlement to enhanced upper tier ill-health pension following periodic review111
1
This regulation applies if—
a
the scheme manager carries out a periodic review under regulation108(2) (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
P is not entitled to payment of an enhanced upper tier ill-health pension under this regulation 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.
4
The time limit in paragraph (3) 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.
5
The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.
6
In this regulation, “claim date” means the date on which the scheme manager refers the questions in regulation 115(2) (referral of medical questions for purpose of review – lower tier ill-health pension) to a selected medical practitioner for decision.