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.