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The National Health Service Pension Scheme (Scotland) Regulations 2015

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Renewed entitlement to Upper Tier IHP

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95.—(1) This regulation applies to a member (M) who—

(a)has not attained normal pension age; and

(b)has ceased to be entitled to an Upper Tier IHP by virtue of regulation 94(4).

(2) M may apply to the scheme manager under this regulation to become entitled to an Upper Tier IHP if—

(a)M is in further NHS employment and ceases to be employed at all during the initial period; or

(b)M is in further employment that is not NHS employment and ceases to be employed in that further employment within a period of one year beginning with the day on which the further employment ceased to be an excluded employment.

(3) An application to which paragraph (2)(a) applies must—

(a)state that M has ceased to be employed at all;

(b)be made within the initial period;

(c)be in writing and be accompanied by evidence from a registered medical practitioner that M has the physical or mental infirmity mentioned in regulation 89(3)(b).

(4) An application to which paragraph (2)(b) applies must—

(a)state that M has ceased to be employed at all;

(b)be made within the period of one year beginning with the day on which the employment ceased to be an excluded employment;

(c)be in writing and be accompanied by evidence from a registered medical practitioner that M has the physical or mental infirmity mentioned in regulation 89(3)(b).

(5) If the scheme manager is satisfied that M has the physical or mental infirmity mentioned in regulation 89(3)(b), from the day following that on which M’s last employment ceased—

(a)M ceases to be treated as entitled to the Lower Tier IHP; and

(b)M becomes entitled to an Upper Tier IHP in respect of the earlier service.

(6) Expressions used in this regulation and in regulation 94 have the same meaning as in that regulation.

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