The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Determination of questions

2.J.11.—(1) Except as otherwise provided by this Part, any question arising under this Section of the scheme is to be determined by the Scottish Ministers.

(2) Any such disagreement as is referred to in section 50 (resolution of disputes) of the 1995 Act must be resolved by the Scottish Ministers in accordance with any arrangements applicable under that section.

(3) In relation to decisions within paragraph (4), the Scottish Ministers may require any person entitled, or claiming to be entitled, to a benefit under this Part to submit to a medical examination by a registered medical practitioner(1) selected by the Scottish Ministers and in that event, the Scottish Ministers must also offer the person an opportunity of submitting a report from the person’s own medical adviser as a result of an examination by that medical adviser, and the Scottish Ministers must take that report into consideration together with the report of the medical practitioner selected by the Scottish Ministers.

(4) This paragraph applies to any decision as to a person’s health or degree of physical or mental infirmity or impairment that is required for the purposes of this Part and, in particular, any such decision required for the purposes of—

(a) regulation 2.D.8(2)(a) or (3)(a) (early retirement on ill health: active members and non-contributing members);

(b) regulation 2.D.9(1)(a) or (b) or (3) (re-assessment of entitlement to an ill health pension);

(c) regulation 2.D.10(1)(a) or (2)(a) (early retirement on ill health: deferred members);

(d) regulation 2.D.15(1) (option for members in serious ill health to exchange pension);

(e) regulation 2.D.18(6)(b) (procedure for election under regulation 2.D.17);

(f) regulation 2.E.9(1)(b)(ii) (meaning of “dependent child”);

(g) regulation 2.J.5(1) (beneficiaries who are incapable of looking after their affairs); or

(h) determining whether an individual satisfies the severe ill health condition for the purposes of section 229(3)(a) (total pension input amount) of the 2004 Act.

(1)

“Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.