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The Police Pension Scheme (Scotland) Regulations 2015

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Cancellation of ill-health pension: failure to receive appropriate medical treatment

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105.—(1) This regulation applies if—

(a)the employer carries out a review under regulation 100 (review of lower tier ill-health pension) or 104 (review and cancellation of enhanced upper tier ill-health pension);

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

(i)P’s medical unfitness for performing the ordinary duties of a member of the police force 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 employer 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 employer’s powers under paragraph (2).

(2) The employer may cease payment of the ill-health pension if the employer 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 employer under paragraph (1)(c).

(3) In this regulation—

“appropriate medical treatment” does not include medical treatment that the employer decides is reasonable for P to refuse(1); and

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

(1)

See provisions on appeals.

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