Ill health benefits : continuity of existing applications
27.—(1) This regulation applies to a member—
(a)who, apart from the operation of this regulation—
(i)is prevented from contributing to or accruing further service in the 1995 Section or being an active member of the 2008 Section—
(aa)on or after 1st April 2015; or
(bb)after the member’s eligibility cessation date has been reached (see regulation B3(4) to (18) of the 2011 Regulations and regulation 2.B.3(1A) to (1L) or 3.B.3(1A) to (1L) of the 2013 Regulations); and
(ii)becomes eligible to join the new scheme on either 1st April 2015 or the day after the member’s eligibility cessation date (the member’s “transition date”);
(b)who submitted an application in such form as the Scottish Ministers accepted (together with supporting medical evidence if not included in the form) for the purposes of regulation E3 of the 1995 Section or regulation 2.D.8 or 3.D.7 of the 2008 Section before the transition date;
(c)whose application and supporting medical evidence was received by the Scottish Ministers before the transition date; and
(d)whose ill-health pension has not become payable under the 1995 Section or the 2008 Section before the transition date.
(2) Where this regulation applies and the member is not entitled to immediate payment of ill-health pension under either the 1995 Section or the 2008 Section, the member does not become eligible to be a member of the new scheme until the day after—
(a)the member withdraws the application for ill-health pension; or
(b)the Scottish Ministers determine that there is no entitlement to ill-health pension under the 1995 Section or the 2008 Section (as applicable) and that determination has become final and binding.
(3) In paragraph (2), “final and binding” means—
(a)the determination may not be the subject of further challenge by the member—
(i)pursuant to dispute resolution arrangements made and implemented under section 50 of the Pensions Act 1995(1);
(ii)by way of a complaint to the Pensions Ombudsman pursuant to Part X of the Pension Schemes Act 1993(2); or
(iii)by way of an action before the courts; or
(b)that the member has indicated in writing that—
(i)the application for ill-health pension is withdrawn; or
(ii)the determination is accepted by the member as being final and binding and any right to further challenge is waived.
(4) Where the Scottish Ministers determine that, with the exception of the cessation condition, entitlement to ill-health pension under the 1995 Section or the 2008 Section (as applicable) has been established, the member—
(a)must satisfy the cessation condition before the period of one year after the transition date; or
(b)on expiry of that period, may be deemed by the Scottish Ministers to have withdrawn the application for ill-health pension.
(5) Where, by virtue of paragraph (4), the member is deemed to have withdrawn the application for ill-health pension, the member becomes eligible to be a member of the new scheme on the expiry of the period mentioned in that paragraph.
(6) In paragraph (4), “the cessation condition” is that the member—
(a)in relation to the 1995 Section, retires from pensionable employment; and
(b)in relation to the 2008 Section, ceases to be employed in NHS employment,
within the meaning of the respective Section.