Search Legislation

The Police Pensions Regulations (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: CHAPTER 5

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Police Pensions Regulations (Northern Ireland) 2015, CHAPTER 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CHAPTER 5N.I.Review of Ill-health benefits

Review of lower tier ill-health pensionN.I.

108.—(1) This regulation applies in relation to a person (P) who—

(a)is receiving payment of a lower tier ill-health pension but not an enhanced upper tier ill-health pension; and

(b)has not reached normal pension age under this scheme.

(2) The scheme manager may periodically review whether P's medical unfitness has ceased or significantly worsened.

(3) A periodic review under paragraph (2) may be carried out at any time the scheme manager chooses.

(4) The scheme manager must carry out a review as to whether P's medical unfitness has ceased or significantly worsened if the scheme manager is notified that P's medical unfitness has worsened.

(5) In carrying out a review under paragraph (2) or (4) the scheme manager must refer the questions in regulation 115(2) (referral of medical questions for purpose of a review) to a selected medical practitioner for decision.

(6) In this regulation, medical unfitness means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police service.

Cancellation of lower tier ill-health pension if medical unfitness ceasesN.I.

109.—(1) This regulation applies if—

(a)The scheme manager carries out a review under regulation 108(review of lower tier ill-health pension);and

(b)the selected medical practitioner gives a report and certificate on the questions referred under regulation 115(2) containing the decision that P's medical unfitness has ceased, the scheme manager may give P notice that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.

(2) The scheme manager may give P notice that P may rejoin the police service—

(a)within the period of 3 months beginning with the date on which P is given the notice; and

(b)at a rank not lower than the rank which P held immediately before the ill-health pension became payable.

(3) The lower tier ill-health pension ceases to be payable to P on the earlier of—

(a)the last day of the 3 month period; or

(b)the day on which P rejoins the police service.

(4) Paragraph (5) applies if—

(a)a lower tier ill-health pension ceases to be payable under paragraph (3)(a);but

(b)P is not entitled to receive payment of a full retirement pension under Chapter 2 (full retirement benefits) because P has less than 2 years qualifying service.

(5) The scheme manager must pay the difference to P if the aggregate of the following is less than P's aggregate pension contributions in respect of the relevant period of service—

(a)the sums paid in respect of the pension; and

(b)the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 204 (guaranteed minimum pensions under section 10 of 1993 Act).

Entitlement to enhanced upper tier ill-health pension following claim for paymentN.I.

110.—(1) This regulation applies if—

(a)the scheme manager carries out a review under regulation 108(4) (review of lower tier ill-health pension); and

(b)the selected medical practitioner gives a report on the questions referred under regulation 115(2) containing the decision that P is permanently medically unfit for engaging in any regular employment.

(2) P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 102(annual rate of ill-health pension) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

(3) The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

(4) P is not taken to claim payment of an enhanced upper tier ill-health pension if the claim date is more than 5 years after the date on which P became entitled to receive payment for life of the lower tier ill-health pension.

(5) The time limit in paragraph (4) does not apply if P's medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P's retirement, to affect P with increasing severity.

(6) In this regulation—

claim date” means the date on which the scheme manager is notified that P's medical unfitness has worsened; and

progressive medical condition” means—

(a)

a medical condition specified in Schedule 2 (progressive medical conditions); or

(b)

a medical condition specified on a list published by the Department for the purpose of this regulation.

Entitlement to enhanced upper tier ill-health pension following periodic reviewN.I.

111.—(1) This regulation applies if—

(a)the scheme manager carries out a periodic review under regulation108(2) (review of lower tier ill-health pension); and

(b)the selected medical practitioner gives a report on the questions referred under regulation 115(2) containing the decision that P is permanently medically unfit for engaging in any regular employment.

(2) P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 102 (annual rate of ill-health pension) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

(3) P is not entitled to payment of an enhanced upper tier ill-health pension under this regulation if the claim date is more than 5 years after the date on which P became entitled to receive payment for life of the lower tier ill-health pension.

(4) The time limit in paragraph (3) does not apply if P's medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P's retirement, to affect P with increasing severity.

(5) The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

(6) In this regulation, “claim date” means the date on which the scheme manager refers the questions in regulation 115(2) (referral of medical questions for purpose of review – lower tier ill-health pension) to a selected medical practitioner for decision.

Review and cancellation of enhanced upper tier ill-health pensionN.I.

112.—(1) This regulation applies to a person (P) who—

(a)is receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension; and

(b)has not reached P's state pension age.

(2) The scheme manager may periodically review whether the person's medical unfitness has ceased or significantly improved.

(3) A review may be carried out at least every 5 years as determined by the scheme manager.

(4) The scheme manager must refer the questions in regulation 115(3) (referral of medical questions – enhanced upper tier ill-health pension) to a selected medical practitioner for decision.

(5) If the selected medical practitioner gives a report and certificate on the questions referred under regulation 115, containing the decision that P has ceased to be medically unfit for engaging in any regular employment, P ceases to be entitled to payment of the enhanced upper tier ill-health pension.

(6) P ceases to be entitled to payment of an enhanced ill-health pension—

(a)at the end of the period of 3 months beginning with the date of the report and certificate which contains the decision of the selected medical practitioner that P has ceased to be medically unfit for engaging in any regular employment; or

(b)if earlier, the day on which P returns to eligible service.

(7) In its application to a member who falls within regulation 4(1)(b), any review by the scheme manager under paragraph (2) shall be of whether the medical unfitness of P has significantly improved to such an extent that P has ceased to be entitled to payment of the enhanced upper tier ill-health pension or lower tier ill-health pension.

(8) P remains entitled to the payment for life of the lower tier ill-health pension unless—

(a)the scheme manager, on a review under another regulation in this Chapter, refers the questions under regulation 115(2) (referral of medical questions - lower tier ill-health pension) to the selected medical practitioner for decision; and

(b)the selected medical practitioner gives a report on those questions containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.

(9) In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Cancellation of ill-health pension: failure to receive appropriate medical treatmentN.I.

113.—(1) This regulation applies if—

(a)the scheme manager carries out a review under regulation 108 (review of lower tier ill- health pension) or 112 (review and cancellation of enhanced upper tier ill-health pension);

(b)the selected medical practitioner gives P a written notice and certificate stating the opinion that—

(i)P's medical unfitness would be expected to have ceased if P had received normal appropriate medical treatment; and

(ii)P is not receiving, or has not received, appropriate medical treatment; and

(c)the scheme manager gives P a written notice stating the opinion that P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence and giving notice of the scheme manager's powers under paragraph (2).

(2) The scheme manager may cease payment of the ill-health pension if the scheme manager decides that—

(a)P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence; and

(b)P has persisted in that failure after receiving both—

(i)a written notice from the selected medical practitioner under paragraph (1)(b); and

(ii)a written notice from the scheme manager under paragraph (1)(c).

(3) In this regulation—

appropriate medical treatment” does not include medical treatment that the scheme manager decides is reasonable for P to refuse F1; and

medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police service.

F1See provisions on appeals

Review and cancellation of full retirement pension which came into payment early on the grounds of permanent medical unfitnessN.I.

114.—(1) This regulation applies in relation to a person (P) who—

(a)is receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness F2; and

(b)has not reached P's state pension age.

(2) The scheme manager may periodically review whether P's medical unfitness has ceased.

(3) A review may be carried out at least every 5 years as determined by the scheme manager.

(4) The scheme manager must refer the questions in regulation 115(4) (referral of medical questions for purpose of a review-full retirement pension) to a selected medical practitioner for decision.

(5) If the selected medical practitioner gives a report and certificate on the questions referred under regulation 115(4) containing the decision that the member has ceased to be medically unfit for engaging in any regular employment, the scheme manager must cease to make payments of the full retirement pension from the beginning of the next pay period.

(6) In this regulation “medical unfitness” means the inability occasioned by infirmity of mind or body to engage in any regular employment.

F2See regulation 89(3) (early payment of full retirement pension) for when a full retirement pension comes into payment early on the grounds of permanent medical unfitness.

Referral of medical questions for purpose of a reviewN.I.

115.—(1) This regulation applies in relation to the following reviews.

(2) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a lower tier ill-health pension but not an enhanced upper tier ill-health pension has ceased or significantly worsened, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a)whether the person continues to be medically unfit for performing the ordinary duties of a member of the police service; and

(b)if so, whether—

(i)the person is also medically unfit for engaging in any regular employment; and

(ii)that medical unfitness is likely to be permanent.

(3) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension or full retirement pension has ceased or significantly improved, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a)whether the person continues to be medically unfit for engaging in any regular employment; and

(b)if not, whether the person continues to be medically unfit for the performance of the ordinary duties of a member of the police service.

(4) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness has ceased, the scheme manager must refer the question whether the person continues to be medically unfit for engaging in any regular employment to a selected medical practitioner for decision.

(5) If the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or a question mentioned in paragraph (3) or (4) is answered in the affirmative, the selected medical practitioner does not need to consider the question as to the likelihood of that medical unfitness continuing permanently.

(6) The decision of a selected medical practitioner on a question referred under this regulation must take the form of a report and a certificate.

(7) A copy of the report and the certificate must be given to the scheme manager and to the member.

(8) That report is final, subject to—

(a)an appeal against the decision under Schedule 1; or

(b)the referral of the decision for reconsideration under Schedule 1.

Refusal to be medically examinedN.I.

116.  The scheme manager may make a decision under this Chapter on such evidence and medical advice as the scheme manager thinks necessary if—

(a)a question as to the medically unfitness of a member of the police service is referred to a selected medical practitioner for decision; and

(b)the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

Decision of scheme manager void if appeal against decision of selected medical practitioner is successfulN.I.

117.  A decision of the scheme manager under this Chapter is void if—

(a)the selected medical practitioner decides that —

(i)the member is permanently medically unfit for performing the ordinary duties of a member of the police service;

(ii)the member is permanently medically unfit for engaging in any regular employment; or

(iii)the member has brought about or substantially contributed to the medical unfitness by the member's own default;

(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c)the Independent Medical Referee decides that

(i)the member is not so permanently medically unfit; or

(ii)the member did not bring about or substantially contribute to the medical unfitness by the member's own default.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Rule without Schedules

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule without Schedules as a PDF

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Rule without Schedules

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources