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The National Health Service Pension Scheme (Scotland) Regulations 2015

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Determinations - advice by medical practitioners

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15.—(1) This paragraph applies to a decision as to a person’s health or degree of physical or mental infirmity that is required for the purposes of this scheme and, in particular, a decision required for the purposes of—

(a)regulation 52(5)(b) (procedure for allocation election under regulation 50);

(b)regulation 75(9)(pension credit member);

(c)regulation 89(2)(c) or (3)(b) (early retirement on ill health: active members);

(d)regulation 92(1) or (5) (re-assessment of ill health pension);

(e)regulation 93(1)(c) or (2)(c) (early retirement on ill health: deferred members);

(f)regulation 108(1) (option to exchange pension for lump sum: serious ill health);

(g)regulation 121(3)(b)(i) (dependency because of physical or mental impairment);

(h)paragraph 7(1) of this Schedule (beneficiary incapable of looking after own affairs);

(i)section 229(3)(a) of the 2004 Act (determining whether an individual satisfies the severe ill health condition).

(2) Where this paragraph applies to a decision, the scheme manager may require a person entitled or claiming to be entitled to benefit under this scheme to submit to a medical examination by a medical practitioner selected by the scheme manager.

(3) The scheme manager must also offer the person an opportunity to submit a report from the person’s own medical adviser following an examination of the person by the medical adviser.

(4) In taking a decision mentioned in sub-paragraph (1), the scheme manager must take into consideration both—

(a)the report mentioned in sub-paragraph (3); and

(b)the report of the registered medical practitioner who carries out the medical examination mentioned in sub-paragraph (2).

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