The Police Pensions (Scotland) Regulations 2007

Review and cancellation of pensions payable on the ground of permanent disablement

51.—(1) As long as a person–

(a) is in receipt of a standard ill-health pension and has not attained the age of 55 years; or

(b) is in receipt of an enhanced top-up ill-health pension or a deferred pension which, in accordance with regulation 32, came into payment early on the ground of permanent disablement for engaging in any regular employment, and in either case has not attained the age of 65 years,

the police authority by whom the pension is payable may, if they wish to exercise the powers conferred by this regulation, consider, at such times as are specified in paragraph (2), whether the person’s disablement has ceased, significantly worsened (in the case of a person such as is mentioned in paragraph (1)(a)) or significantly improved (in the case of a person such as is mentioned in paragraph (1)(b)).

(2) The times mentioned in paragraph (1) are such times as the police authority may in their discretion determine–

(a) in the case of a person such as is mentioned in paragraph (1)(a), until the person concerned attains the age of 55 years; and

(b) in the case of a person such as is mentioned in paragraph (1)(b), at intervals of no less than 5 years until the person concerned attains the age of 65 years.

(3) If on any such consideration it is found, in respect of a person who is in receipt of a standard ill-health pension or an enhanced top-up ill-health pension and who has not attained the age of 55 years, that that person’s disablement for the performance of the ordinary duties of a member of the police force has ceased, the police authority may give the person concerned notice that if the officer wishes to rejoin the force as a regular police officer within a period of not less than 3 months from the date on which the officer had been given such notice the officer will be permitted to do so.

(4) If the person concerned within the period referred to in paragraph (3) offers to rejoin the force as a regular police officer, they shall be permitted to do so in a rank not lower than that which the officer held immediately before the officer retired with the ill-health pension.

(5) On the person concerned rejoining the force as mentioned in paragraph (4) or, where in any other circumstances a person who is in receipt of either–

(a) an ill-health pension; or

(b) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

rejoins that person’s former force or joins another police force, then, upon rejoining or joining such force, payment of that person’s pension shall be terminated by the police authority by whom it was payable.

(6) Where the person concerned does not offer to rejoin the force as mentioned in paragraph (4) within the period referred to in paragraph (3), at the end of that period payment of that person’s ill-health pension shall be terminated by the police authority.

(7) If on any such consideration it is found, in respect of a person who is in receipt of an ill-health pension and who has not attained the age of 55 years–

(a) that that person’s disablement for the performance of the ordinary duties of a member of the police force would have been expected to have ceased by reason of that person’s having received appropriate medical treatment (and in this sub-paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the police authority for that person to refuse);

(b) that the person is not receiving, or has not received, as the case may be, such medical treatment;

(c) that that person’s failure to receive it is attributable to their wilfulness or negligence; and

(d) that the person has persisted in that failure after receiving both–

(i) a written notice from the selected medical practitioner that in the selected medical practitioner’s opinion sub paragraphs (a) and (b) apply in that person’s case; and

(ii) written notice from the police authority that in their opinion sub-paragraph (c) applies in that person’s case and their powers under this paragraph,

then, if the person wilfully or negligently persists in that person’s failure to receive the appropriate medical treatment, payment of that person’s ill-health pension may be terminated by the police authority.

(8) If on any such consideration it is found, in respect of a person who has not attained the age of 65 years and who is in receipt of–

(a) an enhanced top-up ill-health pension; or

(b) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

that that person’s disablement for engaging in any regular full-time employment has ceased, then–

(c) in such a case as is mentioned in sub-paragraph (a), except where the police authority have given notice to the person concerned under paragraph (3), the person’s entitlement to an enhanced top-up ill-health pension shall cease and the person shall remain entitled to payment of a standard ill-health pension; and

(d) in such a case as is mentioned in sub-paragraph (b), the police authority shall cease to make early payments the person’s deferred pension.

(9) Subject to paragraph (11), if on any such consideration it is found, in respect of a person in receipt of a standard ill-health pension, that the person’s disablement has worsened to the extent that the person has become disabled for engaging in any regular employment, the person shall become entitled to an enhanced top-up ill-health pension, calculated in accordance with regulation 31 and payable in accordance with paragraph (10):

Provided that such enhanced top-up ill-health pension shall not entitle the person to any lump-sum payment additional to that paid in respect of the said standard ill-health pension.

(10) An enhanced top-up ill-health pension to which entitlement arises under paragraph (9) shall be payable as from the date on which the claim by the person concerned that the person’s disablement had worsened which led to the consideration referred to in paragraph (9) was notified to the police authority (or, where the police authority referred the matter for decision under regulation 71(2) of their own motion in the absence of such a claim, as from the date on which they so referred the matter for decision).

(11) Paragraph (9) shall apply only if the claim that a person’s disablement had worsened which led to the consideration referred to therein was made within the period of 5 years beginning with the date on which the person concerned retired:

Provided that no such time limit shall apply in a case where the disablement of the person concerned is attributable to a progressive medical condition specified in Schedule 4 which, of its nature, could have been expected, as at the time of the person’s retirement, to affect the person with increasing severity.

(12) Where payment of a person’s ill-health pension is terminated under paragraph (6) but the person is not entitled to a deferred pension under regulation 32, then, if the aggregate of–

(a) the sums paid in respect of the pension; and

(b) the actuarial value, determined in accordance with tables prepared by the Scheme actuary, of any pension to which the person is entitled under regulation 43;

is less than the person’s aggregate pension contributions in respect of the relevant period of service, the police authority shall pay the difference to the person concerned.

(13) Where payment of–

(a) a person’s ill-health pension; or

(b) a person’s deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

is terminated under this regulation the person shall retain any lump-sum payment the person received by way of such pension, but subject to the proviso to regulation 28(1)(b) and regulation 28(2).