PART 13Supplementary
CHAPTER 4Appeals in relation to payment of benefits
Appeals to sheriff197
1
This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of the police force.
2
The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 199 (limitation on appeals), appeal to the sheriff against any of the following decisions—
a
a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;
b
a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;
c
a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;
d
a decision by the employer under regulation 65 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;
e
a decision by the employer under regulation 105 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;
f
a decision by the employer under regulation 97 (reduction of pension in case of default) to reduce the amount of pension payable to the member.
3
The sheriff, after enquiring into the case, may make such order in the matter as appears to the sheriff to be just.
Appeals to tribunal198
1
This regulation applies in relation to payment of benefits under this scheme to or in respect of an inspector of constabulary.
2
The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 199, lodge an appeal with the Scottish Ministers against any of the following decisions—
a
a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;
b
a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;
c
a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;
d
a decision by the employer under regulation 65 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;
e
a decision by the employer under regulation 105 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;
f
a decision by the employer under regulation 97 (reduction of pension in case of default) to reduce the amount of pension payable to the member.
3
Regulation 115 (procedure on appeals to tribunal) sets out the procedure for appeals under this regulation.
Limitation on appeals199
1
A person may not appeal under regulation 197 (appeals to sheriff) or 198 (appeals to tribunal) against anything done by the scheme manager, employer or pension supervising authority under a power conferred by these Regulations which is expressly stated to be a power in respect of which the scheme manager, employer or pension supervising authority may exercise a discretion.