The National Health Service Pension Scheme Regulations 1995

[F1 Determinations by medical practitioners E+W+S

U1A.— [F2 (1)] The Secretary of State may make arrangements for his functions under these Regulations in relation to a decision whether a person is—

(a) permanently incapable of efficiently discharging the duties of his employment because of physical or mental infirmity for the purposes of regulation E2 [F3 or E2A];

(b) incapable of earning a living because of physical or mental infirmity for the purposes of regulation G8(2) [F4 , regulation G11(2) or regulation G15(2)(a)];

(c) incapable of earning a living because of permanent physical or mental infirmity for the purposes of regulation H1(6);

(d) in good health for the purposes of regulation J1(6);

(e) suffering from mental or physical infirmity that makes him permanently incapable of efficiently discharging the duties of employment or suffering from mental or physical infirmity that makes him permanently incapable of engaging in regular employment for the purposes of regulation L1(3)(a) and (b) respectively,

[F5 (f) permanently incapable of regular employment because of physical or mental infirmity for the purposes of regulation E2A(2)(b)(ii),]

[F6 (g) expected to live for less than one year for the purposes of the lump sum rule referred to in regulations E1(4)(b) [F7 , E2A(7)(b) and L1(5)(b)],]

[F8 (h) able to satisfy the severe ill health condition for the purposes of subsection (3)(a) of section 229 of the 2004 Act (total pension input amount),]

to be discharged [F9 by—]

(i) a registered medical practitioner (whether practising on his own or as part of a group); or

(ii) a body corporate or unincorporate employing such practitioners (whether under a contract of service or for services),

approved by the Secretary of State to act on his behalf.

[F10 (2) In relation to the decisions referred to in paragraph (1), the Secretary of State may require any person referred to in that paragraph to submit to a medical examination by a registered medical practitioner selected by the Secretary of State, and in that event, the Secretary of State shall—

(a) also offer the person an opportunity of submitting a report from that person’s own medical adviser as a result of an examination by such an adviser, and

(b) take that report into consideration together with the report of the medical practitioner selected by the Secretary of State.]]

Textual Amendments

F1 Reg. U1A inserted (1.4.2004) by The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2004 (S.I. 2004/665), regs. 1(1), 3(5)

F2 Word in reg. U1A inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 21(2) (with reg. 93)

F3 Words in reg. U1A(a) inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 63(a) (as amended by S.I. 2008/906, reg. 2)

F4 Words in reg. U1A(b) substituted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 21(3) (with reg. 93)

F5 Reg. U1A(f) inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 63(b) (as amended by S.I. 2008/906, reg. 2)

F6 Reg. U1A(g) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 21(4) (with reg. 93)

F7 Words in reg. U1A(1)(g) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 12 (with reg. 89)

F8 Reg. U1A(1)(h) added (with effect from 19.7.2011) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586), regs. 1(2)(6), 11

F9 Words in reg. U1A substituted (14.12.2007) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007 (S.I. 2007/3280), regs. 1(2), 2(24)

F10 Reg. U1A(2) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 21(5) (with reg. 93)