Ill-health retirement: NHS pension scheme

The RCN cannot make a recommendation about whether you will qualify for ill-health retirement (IHR), nor which tier you may be awarded. Eligibility will depend on you:

• being a current member of the NHS pension scheme and have been for at least two years
• making an application prior to your scheme retirement age
• having a long term health condition that has a substantial impact on your current or future employment
• supporting your application with robust medical evidence
• submitting the application while you are still employed.

We recommend that you obtain an estimate of your pension based on IHR from your pension provider or your employer. You may also want to consult your Total Reward/Annual Benefit Statement to check your pension value.

If you are dismissed for any reason other than your health, such as for misconduct, you may not be entitled to IHR benefits. Please be aware, your employment can be terminated on ill-health grounds prior to any application/decision about IHR. Please contact us  if your employer intends to terminate your contract.

There are two tiers of IHR. The benefits you get will depend on whether you are capable of undertaking employment elsewhere. The initial test is that you are unable to perform effectively the duties of your employment due to permanent ill-health (Tier 1). If this is accepted, the amount of pension payable depends on whether you are also deemed to be unable to undertake any 'regular employment' (Tier 2).

Please read this advice guide in conjunction with the IHR advice given by the NHS Business Services Authority (England and Wales). 

Ideally, the possibility of an IHR application should be discussed in absence management meetings. If not, you should discuss your IHR application with occupational health, human resources, and your manager before your contract is terminated. Once your contract has been terminated the eligibility criteria for an ill-health pension change.

Please be aware, your employment can be terminated on ill-health grounds prior to any application/decision about IHR. Contact us if your employer intends to terminate your contract.

The application form is entitled 'Application for consideration of ill-health retirement benefits' (AW33). It’s important to understand that this is not a claim for your pension, but a request to see what you would be granted if you were to go on to complete the AW8 'Claim for pension benefits' form on the grounds of ill-health.

There are three sections to the AW33 form:

• one to be completed by your employer,
• one to be completed by you as the applicant, and
• the final one by a medical practitioner (this is usually completed by your occupational health physician who will have requested a report from one or more consultants or specialists involved in your treatment/care).

You should not rely on evidence being provided only by your GP, as the scheme’s medical advisers are unlikely to accept this as sufficiently robust evidence of permanent incapacity for work. Your medical evidence should clearly say that your condition is permanent and that appropriate treatment options have been explored. If any doubt is expressed, the application will be refused or deferred. If you have been told that further treatment will not improve your ability to return to work, it is important that this is stated in your application and preferably backed up with a consultant’s report.

An initial decision can be made in four weeks but may take longer. If you are happy with the decision, you must complete an AW8 form to claim your pension benefits.

Once the pensions agency has received the AW8 form, it will usually take approximately 8-12 weeks before you will receive your pension. It cannot be paid until your contract has been terminated and will be backdated to your termination date or date of application (whichever is later). You will receive a letter explaining how your pension has been calculated, including any enhancement payable, which you should check against any estimate you have previously received. Your pension will be paid into your bank account monthly on a regular date specified by the Paymaster (in England and Wales). The lump sum will be paid during the first month.

Getting the timings right in your application can feel difficult. More employers now seek to serve notice of termination of contract at the same time as the IHR application is put forward. This can leave you feeling quite vulnerable as you have no guarantee of the outcome. Try to negotiate/agree that notice is not served until the initial pension decision is received.

It is very important that you do not - or are not seen to - resign from your job. It is only when your employer terminates your contract that you may be able to receive full pay during your notice period. Increasingly, NHS employers are trying to avoid termination of contract on grounds of ill-health capability and are encouraging staff to resign once they have been accepted for IHR. You are advised not to do this as you will relinquish any potential entitlement to contractual notice pay or accrued annual leave.

Tier 1: unable to undertake current employment due to permanent ill-health

Your pension is based on the contributions you have made. It is not reduced because you are retiring early (as with Voluntary Early Retirement, which is reduced ('abated')). It is not enhanced by any additional membership and is payable for life.

Tier 2: in addition to Tier 1, also unable to undertake regular employment of like duration

Your pension is as above but with an enhancement equivalent to 2/3rds of your prospective service to normal benefit age or 1/2 prospective service if you are in the 2015 section of the scheme. This enhanced pension is also payable for life.

If you are terminally ill and do not expect to live longer than a year, you can apply to exchange all of your ill-health benefits for a one-off (usually tax-free) lump sum payment. If you have provided sufficient medical evidence, this will happen automatically and you will automatically be awarded a Tier 2 pension.

If your IHR was due to an industrial injury or disease that occurred before 31 March 2013, you may also be entitled to NHS Permanent Injury Benefit (PIB). This claim can be made at the same time as your IHR application. NHS pension is regarded as income for the purposes of assessing PIB.

Payment of an occupational pension does not impact on any Industrial Injuries Disablement benefit you receive from the DWP.

If you have left your job or your contract is already terminated

If you are no longer in NHS service but want to apply for an ill-health pension, you can apply directly to the relevant NHS pensions agency. This is called a claim for deferred/preserved benefits. Your family doctor will need to complete the medical section of your application form. You will need to satisfy the requirement for Tier 2 pension. If this is granted you will not receive any enhancement and will only be paid a pension based on the contributions that you have made.

As the 'burden of proof' rests on the appellant it is your responsibility to gather all the evidence you consider (or are advised) is necessary to mount an appeal.

You cannot expect your scheme administrator (or their medical advisers) to seek medical reports for second opinions. In exceptional circumstances it is possible to request a medical examination, but this is rarely granted.

Once you have all further papers you need, you should send them to your scheme administrator along with the Internal Dispute Resolution form DRP1.

NB it is no longer possible to request payment of an actuarially reduced early retirement pension when appealing Tier 1 decisions.

Number of appeals possible and time limits

It is possible to appeal twice through the dispute resolution procedure. If after that you still believe your case has been mishandled, you can ask the Pensions Ombudsman to investigate.

If you live in England, there is no time limit to submit a first stage appeal. However, if you are in Scotland or Northern Ireland, you must complete form DRP1 within 1 month of the original decision. This time limit may place additional pressure on you as there is almost always a need to submit additional/new medical evidence with an appeal. This can sometimes take weeks or months to obtain. As such, there may be the need to request an extension of time in order to offer the appeal the best chance of success.

NHSPA/SPPA/HSC commit to make a decision on a stage one IHR appeal within 40 working days, or they will write to you within that time to tell you why it won't be possible to make a decision in that time frame. They will advise you of when you will receive a decision.

A second stage appeal must be submitted using form DRP2 within six months of receiving the decision on the first stage appeal. Again, NHSPA/SPPA/HSC will either commit to make a decision on your stage two appeal within 40 working days, or they will write to you within that time to tell you why it won't be possible to make a decision in that time frame and advise you when you will receive a decision.

First stage appeals are handled by the disputes officer, and additional medical evidence is considered by a different medical officer to the one who made the initial decision.

Second stage appeals are handled by a scheme manager and, once again, additional medical evidence is considered by a different medical adviser to the one previously involved in earlier decisions.

Escalating an appeal to the Pensions Ombudsman

The Pensions Ombudsman will usually expect you to have gone through the two appeal stages outlined above before they will look into a case.

The Ombudsman can only investigate and give a decision on any complaints or disputes relating to interpretation of the law or maladministration.

In addition, at any time during your appeal process you can ask Money and Pensions Service (MaPs) for assistance.

Starting work after any period of unemployment (whether voluntary or not) can be daunting. Remember you cannot work as a nurse (or other registrant) if your Nursing and Midwifery Council (NMC) registration has expired. Read more about your registration and working with ill-health on the NMC's website.

Any earnings you have from employment will be taxable, this includes your pension if you receive one.

You can return to work in the NHS following early or ill-health retirement, however, if you are receiving an NHS pension you will need to bear in mind the income restrictions for future NHS employment. Find out more about pensions abatement in our general pensions guide.

You can find lots of information about working after IHR on the NHS BSA website.

If you are not receiving an NHS pension, but have preserved contributions, seek advice about your pension options from an independent financial adviser.

Be aware of the requirements of the Equality Act 2010, as you may need adjustments made to the new job. Read more in our disability discrimination advice guide.

If you are self-employed and worried about the effects of your income on your ill-health retirement pension, seek tailored advice. This could be from an accountant, an independent financial adviser (this may include using the services of Quilter), NHS Pensions or the Money and Pensions Service (MaPs).