The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

Amendment of regulation 3.D.8

72.—(1) Regulation 3.D.8 (re-assessment of entitlement to an ill-health pension determined under regulation 3.D.7) shall be amended as follows.

(2) For paragraph (2), substitute—

“(2) A member to whom a notice under paragraph (1)(b) has been given may apply to the Secretary of State for a review of whether the member subsequently meets the condition in regulation 3.D.7(3)(a) if—

(a) the member makes the application in writing—

(i) within three years of the date of issue of the notice, or

(ii) in the case of a member who engages in further NHS employment during the period of three years referred to in paragraph (1)(b), before the first anniversary of the day on which that employment commences or, if sooner, before the end of that period;

(b) the application for a review is accompanied by further written medical evidence—

(i) relating to whether the condition in regulation 3.D.7(3)(a) is satisfied at the date of the Secretary of State’s review; and

(ii) that evidence relates to the same physical or mental impairment as a result of which the member met the condition in regulation 3.D.7(2)(a);

(c) no previous application for a review has been made under this paragraph, and

(d) the member has not become entitled to a tier 2 ill-health pension in respect of any later service under regulation 3.G.5.”.

(3) After paragraph (3), insert—

“(4) In the case of a 2008 Section Optant, this regulation is subject to regulations 3.K.15 and 3.K.16.”.