PART 7 N.I.Provision about special cases

CHAPTER 1 N.I.Ill-health retirement

M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme N.I.

50.—(1) For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

(2) No question relating to M’s entitlement to ill-health benefits that has been decided following referral to a selected medical practitioner is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.

(3) In this regulation—

“equivalent ill-health award in M’s alternative scheme” means—

(a)

where M is entitled to an ill-health award under regulation B3 of the 1988 Regulations, a lower tier award under the reformed scheme;

(b)

where M is entitled to—

(i)

a lower tier award under the 2006 scheme, a lower tier award under the reformed scheme;

(ii)

an upper tier award under the 2006 scheme, an upper tier award under the reformed scheme;

(c)

where M is entitled to—

(i)

a lower tier award under the reformed scheme, and—

(aa)

M’s legacy scheme is the 1988 scheme, an award under regulation B3 of the 1988 Regulations;

(bb)

M’s legacy scheme is the 2006 scheme, a lower tier award under that scheme;

(ii)

an upper tier award under the reformed scheme and M’s legacy scheme is the 2006 scheme, an upper tier award under that scheme;

“lower tier award” means, in relation to—

(a)

the 2006 scheme, an award determined in accordance with regulation 26(3) of the 2009 Regulations;

(b)

the reformed scheme, an ill-health pension payable under regulation 100(3)(a) of the 2015 Regulations;

“upper tier award” means, in relation to—

(a)

the 2006 scheme, an award determined in accordance with regulation 26(4) of the 2009 Regulations;

(b)

the reformed scheme, an ill-health pension payable under regulation 100(3)(b) of the 2015 Regulations.

Commencement Information

I1 Reg. 50 in operation at 1.10.2023, see reg. 1(b)