Search Legislation

The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Ill health benefits: continuity of existing applications

This section has no associated Explanatory Memorandum

27.—(1) This regulation applies to a member—

(a)who, apart from the operation of this regulation—

(i)is prevented from contributing to or accruing further service in the 1995 Section or being an active member of the 2008 Section—

(aa)on or after 1st April 2015; or

(bb)after the member’s eligibility cessation date has been reached (see regulation 8(4) to (18) of the 1995 Regulations(1) and regulation 22(1A) to (1L) or 154(1A) to (1L) of the 2008 Regulations(2)); and

(ii)becomes eligible to join the new scheme on either 1st April 2015 or the day after the member’s eligibility cessation date (the member’s “transition date”);

(b)who submitted Form AW33 (or such other form as the Department accepted) together with supporting medical evidence if not included in the form) for the purposes of regulation 13A of the 1995 Section or regulation 52 or 182 of the 2008 Section before the transition date;

(c)whose Form AW33 and supporting medical evidence was received by the Department before the transition date; and

(d)whose ill-health pension has not become payable under the 1995 Section or the 2008 Section before the transition date.

(2) Where this regulation applies and the member is not entitled to immediate payment of ill-health pension under either the 1995 Section or the 2008 Section, the member does not become eligible to be a member of the new scheme until the day after—

(a)the member withdraws the application for ill-health pension; or

(b)the Department determines that there is no entitlement to ill-health pension under the 1995 Section or the 2008 Section (as applicable) and that determination has become final and binding.

(3) In paragraph (2), “final and binding” means—

(a)the determination may not be the subject of further challenge by the member—

(i)pursuant to dispute resolution arrangements made and implemented under Article 50 of the Pensions (Northern Ireland) Order 1995(3);

(ii)by way of a complaint to the Pensions Ombudsman pursuant to Part X of the Pension Schemes (Northern Ireland) Act 1993(4); or

(iii)an action before the courts; or

(b)that the member has indicated in writing that—

(i)the application for ill-health pension is withdrawn; or

(ii)the determination is accepted by the member as being final and binding and any right to further challenge is waived.

(4) Where the Department determines that, with the exception of the cessation condition, entitlement to ill-health pension under the 1995 Section or the 2008 Section (as applicable) has been established, the member—

(a)must satisfy the cessation condition before the period of one year after the transition date; or

(b)on expiry of that period, may be deemed by the Department to have withdrawn the application for ill-health pension.

(5) Where, by virtue of paragraph (4), the member is deemed to have withdrawn the application for ill-health pension, the member becomes eligible to be a member of the new scheme on the expiry of the period mentioned in that paragraph.

(6) In paragraph (4), “the cessation condition” is that the member—

(a)in relation to the 1995 Section, retires from pensionable employment; and

(b)in relation to the 2008 Section, ceases to be employed in HSC employment,

within the meaning of the respective Section.

(1)

Paragraphs (4) to (14) are inserted by paragraph 4 of Schedule 2

(2)

Paragraphs (1A) to (1L) are inserted by paragraphs 11 and 17 of Schedule 2 respectively

(3)

S.I. 1995/3213 (N.I. 22); Article 50 was substituted by Article 250(1) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

Back to top

Options/Help

Print Options

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

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

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