Allowances to Members of the Assembly Act (Northern Ireland) 2000

Ill-health retirement allowance for members

2.—(1) Any person who, on or after 2nd December 1999, ceases to be a member of the Assembly by resigning his seat on grounds of ill-health before attaining the age of 65 may apply to the Northern Ireland Assembly Commission (in this Act referred to as “the Commission”) for payment of an allowance under this section.

(2) If on an application under subsection (1) the Commission is satisfied that—

(a) the applicant does not intend to seek re-election to the Assembly;

(b) his ceasing to be a member was a direct consequence of his ill-health;

(c) his ill-health is such as would prevent him from performing adequately the duties of a member of the Assembly; and

(d) he is not entitled to receive an allowance under section 1,

the applicant shall be entitled to receive payment of an allowance under this section equal to the amount which would have been payable under section 1 had that section been applicable to him on his ceasing to be a member of the Assembly.

(3) Every application under subsection (1) shall be accompanied by evidence from a medical practitioner of the applicant’s state of health.

(4) In the case of any such application the Commission may require the applicant to undergo a medical examination by a medical practitioner nominated by it for the purpose; and the fees for any such examination shall be borne by the Commission or the applicant, as the Commission may determine.