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) ”.