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Document If I fail the Severe Ill Health Condition test, can I appeal against this?

Yes, it is possible for you to appeal against the medical advisor’s decision that you do not meet HMRC’s Severe Ill Health Condition (SIHC) test. This can be done through NHS Pensions complaints and dispute procedures, but to do this you will need to supply further medical evidence to show that you do meet the SIHC.
However, HMRC have time limits regarding the SIHC test that determine which tax year is accepted as having a nil growth.
In order for you to meet HMRC’s legislation for which tax-year will have nil growth, NHS Pensions must receive any appeal and additional medical evidence no later than the end of the current tax year.
Following receipt of further medical evidence, if our medical advisors confirm that you do meet the SIHC test then your Annual Allowance position will be reconsidered and you will be informed of the decision.
Please note, if you elect for Scheme Pays and successfully appeal against the medical advisor’s decision that you do not meet the SIHC test, we will review your NHS benefits. If your appeal is unsuccessful the amounts payable after the Scheme Pays deductions will remain in payment.

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