Review and cancellation of enhanced upper tier ill-health pensionN.I.
112.—(1) This regulation applies to a person (P) who—
(a)is receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension; and
(b)has not reached P's state pension age.
(2) The scheme manager may periodically review whether the person's medical unfitness has ceased or significantly improved.
[F1(3) A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.]
(4) The scheme manager must refer the questions in regulation 115(3) (referral of medical questions – enhanced upper tier ill-health pension) to a selected medical practitioner for decision.
(5) If the selected medical practitioner gives a report and certificate on the questions referred under regulation 115, containing the decision that P has ceased to be medically unfit for engaging in any regular employment, P ceases to be entitled to payment of the enhanced upper tier ill-health pension.
(6) P ceases to be entitled to payment of an enhanced ill-health pension—
(a)at the end of the period of 3 months beginning with the date of the report and certificate which contains the decision of the selected medical practitioner that P has ceased to be medically unfit for engaging in any regular employment; or
(b)if earlier, the day on which P returns to eligible service.
(7) In its application to a member who falls within regulation 4(1)(b), any review by the scheme manager under paragraph (2) shall be of whether the medical unfitness of P has significantly improved to such an extent that P has ceased to be entitled to payment of the enhanced upper tier ill-health pension or lower tier ill-health pension.
(8) P remains entitled to the payment for life of the lower tier ill-health pension unless—
(a)the scheme manager, on a review under another regulation in this Chapter, refers the questions under regulation 115(2) (referral of medical questions - lower tier ill-health pension) to the selected medical practitioner for decision; and
(b)the selected medical practitioner gives a report [F2and certificate] on those questions containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.
(9) In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.
Textual Amendments
F1Reg. 112(3) substituted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 30(2)
F2Words in reg. 112(8)(b) inserted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 30(3)