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.