NHS Pension Scheme (Hansard, 12 February 1996)

Mr. William O'Brien
To ask the Secretary of State for Health if he will make a statement on the appeals procedure for members of the NHS pension scheme who have been refused pension benefits after submitting positive medical evidence that they can no longer follow their regular employment. [13568]
455W

§ Mr. Malone
Responsibility for this matter has been delegated to the NHS Pensions Agency under its chief executive, Mr. A. F. Cowan. I have asked him to reply to the hon. Member.
Letter from A. F. Cowan to Mr. William O'Brien, dated 12 February 1996: The Secretary of State for Health has asked me to reply to your recent Parliamentary Question as it falls within my area of responsibility. There are no formal rights of appeal, but members of the NHS Pension Scheme have a number of avenues for challenging a decision affecting their pension rights. The NHS Pensions Agency operates it own internal procedures, involving reviews through senior officers not involved in the original decision. In ill-health retirement cases, where the Agency's medical advisors are unable to recommend acceptance of an application, they will at any time reconsider against further medical evidence. If in any case a member remains dissatisfied with the Agency's decision they can request a formal determination by the Secretary of State, under Regulation U2 of the NHS Pension Scheme Regulations 1995 [SI 1995 No. 300]. If the dispute relates to a divergence of medical opinion it would be usual to seek an independent specialist's report before making a determination. Determinations are handled outside the Agency, by the NHS Executive. If the member remains discontent they have the right to raise their complaint with the Occupational Pensions Advisory Board and the Pensions Ombudsman. The findings of the Ombudsman are binding upon the Scheme and may only be overturned by a High Court ruling.

Mr. O'Brien
To ask the Secretary of State for Health if he will list the trustees of the NHS pension scheme. [13570]

§ Mr. Malone
The national health service pension scheme is a notionally funded statutory scheme set up under the provisions of sections 10 and 12 of the Superannuation Act 1972 and therefore does not have trustees.

Mr. O'Brien
To ask the Secretary of State for Health if he will list the qualified medical advisors who advise on the payment of NHS pension benefits to NHS employees who are unable to continue their work because of illness. [13565]

§ Mr. Malone
Responsibility for this matter has been delegated to the NHS Pensions Agency under its chief executive, Mr. A. F. Cowan. I have asked him to reply to the hon. Member.
Letter from A. F. Cowan to Mr. William O'Brien, dated 12 February 1996: The Secretary of State for Health has asked me to reply to your recent Parliamentary Question as it falls within my area of responsibility. The NHS Pensions Agency receives independent medical advice under an agreement from BA Medical Services, part of the Department of Social Security. BAMS employ only registered full-time and sessional doctors to co-ordinate and provide advice to the NHS Pensions Agency. In doing so they may seek views of professional colleagues both inside and externally in order to reach consensus medical opinion on advice appropriate to each case.

Mr. O'Brien
To ask the Secretary of State for Health how many members of the NHS pension scheme who have had their application for retirement pension payment on ill health grounds turned down by his Department or the NHS executive have been the subject of an456W independent specialist medical report; and if he will make a statement. [13569]

§ Mr. Malone
Responsibility for this matter has been delegated to the NHS Pensions Agency under its chief executive, Mr. A. F. Cowan. I have asked him to reply to the hon. Member.
Letter from A. F. Cowan to Mr. William O'Brien, dated 12 February 1996: The Secretary of State for Health has asked me to reply to your recent Parliamentary Question as it falls within my area of responsibility. I am afraid I cannot provide information in the form requested except at disproportionate cost, because it would require a review of the files of the individuals concerned.

Mr. O'Brien
To ask the Secretary of State for Health if he will make a statement on the procedure for applicants who apply for pension rights under the NHS pension scheme for a medical examination by the medical advisers appointed by his Department. [13567]

§ Mr. Malone
Responsibility for this matter has been delegated to the NHS Pensions Agency under its chief executive, Mr. A. F. Cowan. I have asked him to reply to the hon. Member.
Letter from A. F. Cowan to Mr. William O'Brien, dated 12 February 1996: The Secretary of State for Health has asked me to reply to your recent Parliamentary Question as it falls within my area of responsibility. In order to approve the award of an ill-health pension the NHS Pensions Agency must be satisfied that the illness will permanently prevent the member continuing in their employment. Applications must, therefore be supported by medical evidence. The type of evidence is not currently prescribed, but in all cases the Agency will seek advice upon it from its independent medical advisers, the Benefits Agency Medical Service (BAMS). Where it is appropriate, BAMS may seek a specialists report to augment the initial evidence. If BAMS cannot advise that the illness will permanently prevent the member continuing in their employment the Agency will usually reject the application, but procedures currently allow for the submission of further medical evidence at any time. This always leads reconsideration of the case by BAMS. I should add that once an ill-health pension is awarded, the Agency has no powers to withdraw it.