23Reclassification in respect of incapacity

23 Reclassification in respect of incapacity

(1) Where CSC or the Committee, at any time, is satisfied that there has been such a change in the percentage of incapacity in relation to civil employment of an invalidity pensioner that his or her classification should be altered, CSC or the Committee may reclassify him or her in the appropriate classification set out in rule 22 according to the percentage of his or her incapacity in relation to civil employment. (2) Where an invalidity pensioner has attained the age of 55 years and the invalidity pensioner is classified: (a) as Class A—subrule (1) does not apply to him or her; or (b) as Class B—subrule (1) is taken not to empower CSC to reclassify him or her as Class C. (3) In determining, for the purposes of subrule (1), the percentage of incapacity in relation to civil employment of an invalidity pensioner, CSC or the Committee must have regard to the following matters only: (a) the vocational, trade and professional skills, qualifications and experience of the pensioner; (b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake; (c) the degree to which any physical or mental impairment of the pensioner, being a prescribed physical or mental impairment, has diminished his or her capacity to undertake the kinds of civil employment referred to in paragraph (b). (4) Where CSC or the Committee reclassifies a person under this rule, CSC or the Committee must specify the date from which the reclassification has effect and, on and after that date, the person is, for the purposes of these Rules, taken to be classified under rule 22 accordingly. (5) Where CSC or the Committee reclassifies a person under this rule, the date specified by CSC or the Committee as the date from which the reclassification has effect is not to be a date earlier than the date on which CSC or the Committee reclassifies the member unless: (a) the person is reclassified as Class A or, having been classified as Class C, is reclassified as Class B; and (b) CSC or the Committee is satisfied that special circumstances exist that justify an earlier date being so specified. (6) Where a person who was retired otherwise than on the ground of invalidity is, by virtue of rule 30, treated as if he or she had been retired on the ground of invalidity, CSC or the Committee may, despite subrule (5), on the same day on which it classifies him or her under rule 22, reclassify him or her under this rule with effect from a date after the date of his or her retirement but before the date on which CSC or the Committee makes the reclassification. (7) The death of a person after he or she has been classified under rule 22 or reclassified under this rule does not prevent the reclassifying of the person under subrule (1). (8) For the purposes of this rule, a person who: (a) is classified as Class C; and (b) immediately before being so classified was an invalidity pensioner other than an invalidity pensioner who had an interim classification made under rule 22A; is taken to be an invalidity pensioner. (8A) This rule does not apply to a person who: (a) is classified as Class C; and (b) immediately before being so classified was an invalidity pensioner; and who either: (c) has, under paragraph 51(1)(c), (d), (e) or (f), been paid the whole of the employer benefit included in his or her preserved benefit; or (d) has attained the age of 55 years and: (i) has been paid the employer benefit included in his or her preserved benefit; or (ii) has elected to have all or part of that employer benefit converted into a pension and has been paid the balance (if any) of the employer benefit. (9) This rule does not apply to a person who has attained the age of 65 years. (10) In this rule: