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PART 7MEDICAL QUESTIONS AND APPEALS

Decisions on eligibility for pension awards payable on the ground of permanent disablement

Reference to selected medical practitioner - eligibility for pension awards payable on the ground of permanent disablement

65.—(1) For the purposes of a determination by the Board of a person’s eligibility to receive pension awards payable on the ground of permanent disablement in pursuance of regulation 6, the selected medical practitioner shall report to the Board his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and such a report shall, subject to an appeal under regulation 66, be final.

(2) A copy of any such report shall be supplied to the person who is the subject of that report (“the claimant”).

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

66.—(1) A person in respect of whom it has been determined under regulation 6(3) that the risk presented by him that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high and who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if—

(a)within 28 days of receiving notice of the Board’s decision under regulation 6(3) he gives notice that he intends to make such an appeal; and

(b)within two months (or such longer period as may be agreed by the Board) of receiving notice of the Board’s decision he supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined him and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service.

(2) The Board shall ask the selected medical practitioner to reconsider his report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and that revised report shall be final.