Commentary on Sections Summary Ill health pensions Section 141: Effect of a review
468.Where the Board decides that the conditions in section 141(3) are met, it may then determine that the compensation in respect of the pension is to be determined under the regulations rather than in accordance with Schedule 7 to the Act. It may only make such a determination within a reasonable period after the assessment period began (or the date the decision was made to pay the benefit) and before it approves a scheme valuation.
469.The conditions in section 141(3) are that:
	the compensation which would be payable at the assessment date would exceed the rate of the compensation which would be payable if it was calculated under the regulations under section 141(2);
	the Board is satisfied that:the award was made in ignorance of, or based on a mistake as to, a material fact relevant to the decision;at the time of the decision to make the award, the member knew, or could have been expected to know, that fact and that it was relevant to the decision;had the trustees or managers known, or not been mistaken as to that fact, they could not reasonably have decided to make the award;
	the Board is satisfied that the person would not have satisfied the conditions for ill health retirement after the date of the trustees’ or managers’ decision and before the assessment date. For example, if a person’s health had deteriorated significantly since the original award this provision enables the Board to consider new evidence to determine if the award could properly have been made at a later time.
470.Where the Board determines that compensation in respect of the ill health pension is to be determined in accordance with regulations under this section, compensation is payable only from the time when the scheme valuation under section 143 becomes binding (see section 145).
471.The definitions in section 142 are relevant to this section.