The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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Change 1
53 Application and interpretation of Chapter 1
(1) This Chapter applies in relation to a remedy member (“M”) in respect of whom a process of assessment to determine M’s entitlement to ill-health benefits began during the period of M’s remediable service. (2) In this Chapter— “alternative scheme” means, in relation to a person who has been assessed for entitlement to ill-health benefits under— the PCSPS, alpha; alpha, the PCSPS; “ill-health benefits” means— the following under rule D.4 of Section I— a lower tier pension (“Section I lower tier”), or a lower tier pension and an upper tier top up pension (“Section I upper tier”); an ill health pension, whether or not with a lump sum, under rule 3.4 of Section II (“Section II ill health benefits”); the following under rule E.7 of Section III— a lower tier earned pension (“Section III lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“Section III upper tier”); the following under regulation 74 of the 2014 Regulations— a lower tier earned pension (“alpha lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“alpha upper tier”); “IHR criteria” means the requirements in connection with a person’s health imposed by the PCSPS or (as the case may be) the 2014 Regulations for entitlement to ill-health benefits; “initial assessment” means the process of assessment mentioned in paragraph (1); “relevant time” means the time when the initial assessment was finally determined, and “finally determined” means— it has been determined that the member meets the IHR criteria in a civil service scheme, or it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and all routes for disputing that determination have been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated); “remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable service.
53 Application and interpretation of Chapter 1
(1) This Chapter applies in relation to a remedy member (“M”) in respect of whom a process of assessment to determine M’s entitlement to ill-health benefits began during the period of M’s remediable service. (2) In this Chapter— “alternative scheme” means, in relation to a person who has been assessed for entitlement to ill-health benefits under— the PCSPS, alpha; alpha, the PCSPS; “ill-health benefits” means— the following under rule D.4 of Section I— a lower tier pension (“Section I lower tier”), or a lower tier pension and an upper tier top up pension (“Section I upper tier”); an ill health pension, whether or not with a lump sum, under rule 3.4 of Section II (“Section II ill health benefits”); the following under rule E.7 of Section III— a lower tier earned pension (“Section III lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“Section III upper tier”); the following under regulation 74 of the 2014 Regulations— a lower tier earned pension (“alpha lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“alpha upper tier”); “IHR criteria” means the requirements in connection with a person’s health imposed by the PCSPS or (as the case may be) the 2014 Regulations for entitlement to ill-health benefits; “initial assessment” means the process of assessment mentioned in paragraph (1); “relevant time” means the time when the initial assessment was finally determined, and “finally determined” means— it has been determined that the member meets the IHR criteria in a civil service scheme, or it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and all routes for disputing that determination have been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated); “remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable service.
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