Legislation – The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023

This Chapter applies in relation to an immediate choice member (“M”) who, during the period beginning on 1st April 2015 and ending on 31st March 2022, became entitled to—

(a)

an ill-health award under regulation B327 of the 1988 Regulations;

(b)

an ill-health pension under regulation 26 of the 2009 Regulations;

(c)

an ill-health pension under regulation 100 of the 2015 Regulations.

(2)

In this Chapter—

“1988 IHR member” means a member described in paragraph (1)(a);

“2006 IHR member” means a member described in paragraph (1)(b);

“2015 IHR member” means a member described in paragraph (1)(c);

“alternative scheme” means, in relation to—

(a)

a 1988 IHR member or a 2006 IHR member, the reformed scheme;

(b)

a 2015 IHR member, the member’s legacy scheme;

“ill-health benefits” means benefits payable by virtue of an entitlement mentioned in paragraph (1);

“police pension authority” has the meaning given in regulation 71 of the 2015 Regulations;

“remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable police service;

“selected medical practitioner” means a duly qualified medical practitioner appointed by the police pension authority.

M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme50.

(1)

For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

(2)

No question relating to M’s entitlement to ill-health benefits that has been decided following referral to a selected medical practitioner is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.

(3)

In this regulation—

“equivalent ill-health award in M’s alternative scheme” means—

(a)

where M is entitled to an ill-health award under regulation B3 of the 1988 Regulations, a lower tier award under the reformed scheme;

(b)

where M is entitled to—

(i)
a lower tier award under the 2006 scheme, a lower tier award under the reformed scheme;
(ii)
an upper tier award under the 2006 scheme, an upper tier award under the reformed scheme;

(c)

where M is entitled to—

(i)
a lower tier award under the reformed scheme, and—
1. (aa)
  M’s legacy scheme is the 1988 scheme, an award under regulation B3 of the 1988 Regulations;
2. (bb)
  M’s legacy scheme is the 2006 scheme, a lower tier award under that scheme;
(ii)
an upper tier award under the reformed scheme and M’s legacy scheme is the 2006 scheme, an upper tier award under that scheme;

“lower tier award” means, in relation to—

(a)

the 2006 scheme, an award determined in accordance with regulation 26(3) of the 2009 Regulations;

(b)

the reformed scheme, an ill-health pension payable under regulation 100(3)(a) of the 2015 Regulations;

“upper tier award” means, in relation to—

(a)

the 2006 scheme, an award determined in accordance with regulation 26(4) of the 2009 Regulations;

(b)

the reformed scheme, an ill-health pension payable under regulation 100(3)(b) of the 2015 Regulations.

Deciding whether a 1988 IHR member is entitled to an upper tier award51.

(1)

This regulation applies where—

(a)

M is a 1988 IHR member, and

(b)

the question of whether M is permanently medically unfit for engaging in any regular employment within the meaning of Part 6 of the 2015 Regulations has not been referred to a selected medical practitioner.

(2)

The police pension authority must refer the following questions to a selected medical practitioner—

(a)

whether M was, at the time of the original decision or at any time during the relevant period, medically unfit for engaging in any regular employment, and

(b)

whether that medical unfitness was likely to be permanent.

(3)

The selected medical practitioner must—

(a)

examine or interview M if the selected medical practitioner thinks it is necessary to do so to decide either of the questions referred under paragraph (2),

(b)

decide the questions referred under paragraph (2), and

(c)

give the police pension authority and M a report and certificate containing a decision on those questions.

(4)

Regulation 80(2) of, and Schedule 1 to, the 2015 Regulations applies to the report and certificate mentioned in paragraph (3)(c) as they apply in relation to the report and certificate mentioned in regulation 79(2)(c) of those Regulations.

(5)

For the purpose of deciding the questions in paragraph (2)—

(a)

the selected medical practitioner may only have regard to information that was available or could have been produced during the relevant period;

(b)

the following provisions of the 2015 Regulations apply as they apply for the purpose of deciding a question under Part 6 of those Regulations—

(i)

regulation 73(2) to (4) (receipt of appropriate medical treatment);

(ii)

regulation 74(3)(c) and (d) (criteria for deciding whether a member is permanently medically unfit for engaging in any regular employment).

(6)

Where the selected medical practitioner decides both of the questions referred under paragraph (2) in the affirmative, M is to be treated for the purposes of PSPJOA 2022 and of these Regulations as meeting the requirements for an upper tier award in the reformed scheme (as defined in regulation 50(3) of these Regulations).

(7)

Schedule 1 to the 2015 Regulations applies in relation to a report and certificate containing a decision of the selected medical practitioner in accordance with this regulation as it applies in relation to a report and certificate by the selected practitioner containing a medical decision in accordance with those Regulations.

(8)

In this regulation—

“medical unfitness” has the meaning given in regulation 72(1) of the 2015 Regulations;

“original decision” means the decision under Part H of the 1988 Regulations by virtue of which M was deemed permanently disabled;

“progressive medical condition” means a medical condition which —

(a)

of its nature, could have been expected, as at the time of M’s retirement, to affect M with increasing severity, and

(b)

is a progressive medical condition within the meaning given by regulation 110(6) of the 2015 Regulations.

“relevant period” means the period—

(a)

beginning with the time of the original decision, and

(b)

ending on the earlier of—

(i)
except where the original decision attributed M’s permanent disablement a progressive medical condition, five years after the time of the original decision;
(ii)
the beginning of the day on which M reaches 60 years of age;
(iii)
the time when an immediate choice decision or a deferred choice decision is made, or deemed to be made, in relation to M’s remediable police service.