The Firefighters’ Pension Scheme (Scotland) Regulations 2015

Appeals against determinations based on medical evidence

144.—(1) A member (P) who wishes to appeal against a scheme manager’s determination on an issue of a medical nature may do so to a board of medical referees in accordance with the provisions of regulations 145 to 152.

(2) Subject to paragraph (3), where a determination—

(a) is made with regard to an opinion obtained under regulation 142(2) (role of IQMP in determinations by the scheme manager) or medical evidence relied on as mentioned in regulation 142(7); or

(b) is reconsidered under regulation 143(4) (review of medical opinion) with regard to a response under paragraph (2) of that regulation,

the scheme manager must, within 14 days of making, confirming or revising the determination (as the case may be), send to P the documents mentioned in paragraph (4).

(3) Nothing in paragraph (2) requires the supply of documents that have already been supplied under regulation 142(8) (role of IQMP in determinations by the scheme manager) or 143(5) (review of medical opinion).

(4) The documents are—

(a) a copy of the opinion, response or evidence (as the case may be);

(b) an explanation of the procedure for appeals under this rule; and

(c) a statement that, if P wishes to appeal against the scheme manager’s determination on an issue of a medical nature, P must give written notice to the scheme manager, stating P’s name and address and the grounds of appeal, not later than 28 days after P receives the last of the documents required to be supplied under this paragraph, or within such longer period as the scheme manager may allow.