The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

Application and interpretation of Chapter 1

53.—(1) This Chapter applies in relation to a remedy member (“ M”) in respect of whom a process of assessment to determine M’s entitlement to ill-health benefits began during the period of M’s remediable service.

(2) In this Chapter—

“alternative scheme” means, in relation to a person who has been assessed for entitlement to ill-health benefits under—

(a)

the PCSPS, alpha;

(b)

alpha, the PCSPS;

“ill-health benefits” means—

(a)

the following under rule D.4 of Section I—

(i)

a lower tier pension (“Section I lower tier”), or

(ii)

a lower tier pension and an upper tier top up pension (“Section I upper tier”);

(b)

an ill health pension, whether or not with a lump sum, under rule 3.4 of Section II (“Section II ill health benefits”);

(c)

the following under rule E.7 of Section III—

(i)

a lower tier earned pension (“Section III lower tier”), or

(ii)

a lower tier earned pension and an upper tier top up earned pension (“Section III upper tier”);

(d)

the following under regulation 74 of the 2014 Regulations—

(i)

a lower tier earned pension (“alpha lower tier”), or

(ii)

a lower tier earned pension and an upper tier top up earned pension (“alpha upper tier”);

“IHR criteria” means the requirements in connection with a person’s health imposed by the PCSPS or (as the case may be) the 2014 Regulations for entitlement to ill-health benefits;

“initial assessment” means the process of assessment mentioned in paragraph (1);

“relevant time” means the time when the initial assessment was finally determined, and “finally determined” means—

(a)

it has been determined that the member meets the IHR criteria in a civil service scheme, or

(b)

it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and all routes for disputing that determination have been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated);

“remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable service.