PART 5Member's benefits
CHAPTER 5Ill-Health pension
Re-assessment of entitlement92
1
This regulation applies if—
a
in respect of a member (M) the scheme manager is satisfied as mentioned in regulation 89(2)(c); and
b
at the time M is awarded a pension the scheme manager gives M notice in writing as mentioned in paragraph (2).
2
The notice is that M's case may be considered once within a period of three years beginning with the date of the award to determine whether, at the date of the consideration, M meets the condition in regulation 89(3)(b).
3
M may apply to the scheme manager for a review of whether M subsequently meets the condition in regulation 89(3)(b) if—
a
M makes the application in writing not later than the relevant date;
b
the application is accompanied by further written medical evidence—
i
relating to whether, at the date of the scheme manager's review, M has the physical or mental infirmity mentioned in regulation 89(3)(b); and
ii
that relates to the same physical or mental infirmity as a result of which M met the condition in regulation 89(2)(c);
c
no previous application for a review has been made under this paragraph; and
d
M has not become entitled to a Tier 2 IHP in respect of any later service under regulation 96.
4
The relevant date in paragraph (3)(a) is—
a
the last day of the period of three years after the giving of notice under paragraph (1)(b); or
b
if M engages in further HSC employment during that period, the first anniversary of the day on which the employment commences or, if sooner, the last day of that period.
5
If, after considering the further medical evidence the scheme manager determines that M has the physical or mental infirmity for the purposes of regulation 89(3)(b), with effect from the date the determination is made, M—
a
ceases to be entitled to a Tier 1 IHP; and
b
becomes entitled to a Tier 2 IHP.
6
If a determination is made under paragraph (5), in calculating the Tier 2 addition pursuant to regulation 91(3), in the explanation of factor E for “period starting on L+1” substitute “
period starting on day of the determination under regulation 92(5)
”
.