Ill health / premature retirement

B60 Ill health

A civil servant who is certified by the Commission’s Medical Adviser as being no longer capable of discharging the duties of their post because of permanently impaired health may be retired prematurely by the Public Services Commission. The procedures for requesting a medical referral where a civil servant’s absence record makes this appropriate are set out in Section E to these regulations.

B61 Appeal 

If the Medical Adviser recommends that the civil servant should be prematurely retired because of permanently impaired health and the Commission decides to accept that advice, the civil servant should be told of its decision and of their right of appeal against the same. The Secretary of the Commission shall confirm the decision in writing and set out the procedures to be followed if the civil servant wishes to appeal against it.

Note: Regulation B62 is blank.

A civil servant who made a false declaration about the state of their health, or deliberately suppressed a material fact when joining the Civil Service, and who is subsequently prematurely retired on grounds of ill-health may be treated by the Treasury for superannuation purposes as if they had resigned voluntarily.

It is a serious disciplinary offence for a civil servant to make a fraudulent declaration about the state of their health with the intention of persuading a medical practitioner that they should be prematurely retired on grounds of ill-health and, if proved to the satisfaction of the Commission, may lead to dismissal in accordance with Regulations B1-15 – Discipline of these Regulations.

A civil servant who is to be retired on medical grounds should be given 9 weeks notice of the date on which retirement is to take effect but a shorter period may be decided upon if mutually convenient.

However, if the civil servant has served for less than 1 year or has not completed their period of probation the period of notice should be 5 weeks.

These periods of notice should be increased, where appropriate, in accordance with the rules relating to notice set out in Regulation A20.

A civil servant who is advised that they are to be prematurely retired on the grounds of ill-health may submit a written request for a review of the Commission's decision. Any such request must be lodged with the Secretary of the Commission within 14 days (though this may be extended in exceptional circumstances to 21 days) and must be supported by medical evidence obtained by the civil servant. Any such medical evidence, which the medical practitioner concerned may prefer to forward direct to the Secretary of the Commission under confidential cover, will be referred by them in the first instance to the Commission's Medical Adviser so that they can decide whether their previous recommendation should be revised.

The Commission shall inform the civil servant of the outcome of the review and, if the Medical Adviser has not revised their recommendation, the civil servant may appeal in writing within 7 days against the Commission's decision by asking that it be referred by the Secretary of the Commission to an independent Medical Referee. A fee of £15 must accompany any such appeal. The opinion of the independent Medical Referee shall be final and shall be referred to the Public Services Commission if it differs from the advice given by the Medical Adviser.

If the Public Services Commission, after considering the Medical Referee's opinion, decides to re-instate the civil servant, the latter will be entitled to a refund of the fee paid by them.

Note: Regulation B66 is blank.

The report of the Medical Adviser or Referee and any other medical details about the reasons for retirement are strictly confidential and cannot be released to the civil servant concerned. However, the Medical Adviser or Referee may discuss their findings with the civil servant or their own medical practitioner.

Note: Regulation B68 is blank.