FOI-03408

Thank you for your request for information about the following: 

##Request 

##<p><i>‘Pensionability Criteria for GP Work:</i></p>

<p><i>Please provide copies of all internal NHSBSA, NHS Pensions and/or PCSE policies, guidance notes, training manuals, procedural documents, decision-making criteria, or assessment tools used between 2018 and 2025 to determine whether GP practitioner work is pensionable or non-pensionable, including work performed:</i></p>

<p><i>• via limited companies (e.g., personal service companies, federations),</i></p>

<p><i>• via out-of-hours providers,</i></p>

<p><i>• via PCNs, ARRS roles, Enhanced Access hubs or Respiratory Hubs,</i></p>

<p><i>• via GP federations or any organisation delivering services on behalf of a GMS, PMS, APMS or DES contract.</i></p>

<p><i>If no such documents exist, please confirm this explicitly.</i></p>

##<p><i>Breaks in Pensionable Service / Change of Pensionability Status:</i></p>

<p><i>Please provide all internal NHSBSA, NHS Pensions or PCSE policies, rules, guidance documents, manuals, memos, or decision-making criteria used to determine:</i></p>

<p><i>1. When GP practitioner work changes from “pensionable” to “non-pensionable”,</i></p>

<p><i>2. What constitutes a “break in pensionable service” for GP practitioners,</i></p>

<p><i>3. How and when a member must be notified of a change in pensionability status,</i></p>

<p><i>4. The circumstances in which identical GP clinical work can be pensionable in one period but non-pensionable in an immediately subsequent period.</i></p>

<p><i>If no such documents or criteria exist, please confirm this explicitly.</i></p>

##<p><i>PCN/ARRS/Hub Pensionability Tracking and Guidance:</i></p>

<p><i>Please provide:</i></p>

<p><i>1. The total number of GP practitioner payments or sessions pensioned versus rejected for:</i></p>

<p><i>o PCN DES work</i></p>

<p><i>o ARRS roles</i></p>

<p><i>o Respiratory Hubs / Enhanced Access Hubs</i></p>

<p><i>o Federation-delivered primary care services</i></p>

<p><i>between 2020–2025.</i></p>

<p><i>2. All internal NHSBSA, NHS Pensions or PCSE guidance on how GP practitioner income derived from PCN, ARRS, Hub, DES or Federation work should be treated for NHS Pension Scheme purposes.</i></p>

<p><i>If NHSBSA or PCSE does not hold this information, please confirm this explicitly.</i></p>

##<p><i>META FOI — Full Governance Framework for Pensionability:</i></p>

<p><i>Under the Freedom of Information Act 2000, please provide all documents, policies, decision pathways, internal manuals, guidance notes, training materials, risk assessments, operational instructions, or equivalent artefacts relating to the governance of pensionability decisions for GP practitioner work between 2015 and 2025.</i></p>

<p><i>This includes documents relating to:</i></p>

<p><i>1. Pensionability criteria across all GP work types (GMS/PMS/APMS, PCNs, ARRS, Hubs, subcontractors, federations, limited companies, DES/APMS subcontract work).</i></p>

<p><i>2. Breaks in pensionable service.</i></p>

<p><i>3. Continuity of pensionable service (including any Remedy interactions).</i></p>

<p><i>4. Pensionability of work undertaken through federations, companies or personal service companies.</i></p>

<p><i>5. Locum A/B pensionability rules, acceptance/rejection criteria, and any audit or tracking processes.</i></p>

<p><i>6. Any guidance used to determine pensionability under PCN arrangements.</i></p>

<p><i>7. Any documents superseded, withdrawn or replaced during 2015–2025.</i></p>

<p><i>If any part of this request is not held, please confirm this explicitly for each section.’</i></p>

##[On 19 December 2025 you clarified your request as follows] 

<p><i>‘To clarify my request, I am referring to scenarios where:</i></p>

<p><i>a GP practitioner remains continuously engaged in NHS GP clinical work,</i></p>

<p><i>remains a member of the NHS Pension Scheme and does not opt out,</i></p>

<p><i>does not retire or leave NHS employment at the relevant time,</i></p>

<p><i>undertakes the same NHS-commissioned clinical duties before and after the change in treatment,</i></p>

<p><i>but where pensionability differs solely because the payment mechanism or administrative route changes (for example, personal income, limited company invoicing, or salaried employment).</i></p>

<p><i>Specifically, I am seeking any guidance, policy documents, internal instructions, decision frameworks, or training materials held by NHSBSA that address how pensionability should be determined in such circumstances.</i></p>

<p><i>I am not asking for case-specific commentary or application to my individual circumstances, only for documents or guidance that NHSBSA holds which explain or govern this type of situation.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 25 November 2025, with clarification received on 19 December 2025.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

##Question 1 - Pensionability Criteria for GP Work:  

##Please provide copies of all internal NHSBSA, NHS Pensions and/or PCSE policies, guidance notes, training manuals, procedural documents, decision-making criteria, or assessment tools used between 2018 and 2025 to determine whether GP practitioner work is pensionable or non-pensionable, including work performed: 

##• via limited companies (e.g., personal service companies, federations), 

##• via out-of-hours providers, 

##• via PCNs, ARRS roles, Enhanced Access hubs or Respiratory Hubs, 

##• via GP federations or any organisation delivering services on behalf of a GMS, PMS, APMS or DES contract. 

##If no such documents exist, please confirm this explicitly. 

##Pensionability 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

This is because pensionability is determined by the employer. 

The following web links may however provide some additional information   

##NHS Pension Scheme Regulations 

https://www.nhsbsa.nhs.uk/information-about-nhs-pensions/nhs-pension-scheme-regulations 

##NHSBSA Website 

https://www.nhsbsa.nhs.uk/nhs-pensions 

PCSE is a separate organisation to the NHSBSA and therefore we do not hold any PCSE policies. 

PCSE can be contacted at: https://pcse.england.nhs.uk/contact-us with queries, however please be aware that PCSE are not subject to the Freedom of Information Act. 

##Question 2 - Breaks in Pensionable Service / Change of Pensionability Status:  

##Please provide all internal NHSBSA, NHS Pensions or PCSE policies, rules, guidance documents, manuals, memos, or decision-making criteria used to determine: 

##1. When GP practitioner work changes from “pensionable” to “non-pensionable”, 

##2. What constitutes a “break in pensionable service” for GP practitioners, 

##3. How and when a member must be notified of a change in pensionability status, 

##4. The circumstances in which identical GP clinical work can be pensionable in one period but non-pensionable in an immediately subsequent period. 

##If no such documents or criteria exist, please confirm this explicitly. 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

The above questions are for the employer to determine. 

PCSE is a separate organisation to the NHSBSA and therefore we do not hold any PCSE policies. 

PCSE can be contacted at: https://pcse.england.nhs.uk/contact-us with queries, however, please be aware that PCSE are not subject to the Freedom of Information Act. 

##Question 3 - PCN/ARRS/Hub Pensionability Tracking and Guidance:  

##Please provide: 

##1. The total number of GP practitioner payments or sessions pensioned versus rejected for: 

##o PCN DES work 

##o ARRS roles 

##o Respiratory Hubs / Enhanced Access Hubs 

##o Federation-delivered primary care services 

##between 2020–2025. 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

The above questions are for the employer to determine. 

##2. All internal NHSBSA, NHS Pensions or PCSE guidance on how GP practitioner income derived from PCN, ARRS, Hub, DES or Federation work should be treated for NHS Pension Scheme purposes. 

##If NHSBSA or PCSE does not hold this information, please confirm this explicitly. 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

The above questions are for the employer to determine. 

PCSE is a separate organisation to the NHSBSA and therefore we do not hold any PCSE policies. 

PCSE can be contacted at: https://pcse.england.nhs.uk/contact-us with queries, however, please be aware that PCSE are not subject to the Freedom of Information Act. 

##Question 4 - META FOI — Full Governance Framework for Pensionability:  

##Under the Freedom of Information Act 2000, please provide all documents, policies, decision pathways, internal manuals, guidance notes, training materials, risk assessments, operational instructions, or equivalent artefacts relating to the governance of pensionability decisions for GP practitioner work between 2015 and 2025. 

##This includes documents relating to: 

##1. Pensionability criteria across all GP work types (GMS/PMS/APMS, PCNs, ARRS, Hubs, subcontractors, federations, limited companies, DES/APMS subcontract work). 

##2. Breaks in pensionable service. 

##3. Continuity of pensionable service (including any Remedy interactions). 

##4. Pensionability of work undertaken through federations, companies or personal service companies. 

##6. Any guidance used to determine pensionability under PCN arrangements. 

##Questions 1-4 and 6 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

This is because pensionability is determined by the employer.,  

The following web links may however provide some additional information   

##NHS Pension Scheme Regulations 

https://www.nhsbsa.nhs.uk/information-about-nhs-pensions/nhs-pension-scheme-regulations 

##NHSBSA Website 

https://www.nhsbsa.nhs.uk/nhs-pensions 

##5. Locum A/B pensionability rules, acceptance/rejection criteria, and any audit or tracking processes. 

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

This is because the employer is responsible for acceptance/rejection. The 10-week rule applies. NHS Pension Scheme Regulations state a member cannot pension a period of freelance GP locum work that ended more than 10 weeks ago. Any forms received after 10 weeks cannot be pensionable so will be rejected (by the employer). 

##7. Any documents superseded, withdrawn or replaced during 2015–2025. 

Under Section 21 of the FOIA, we are not required to provide information in response to a request if it is already reasonably accessible to you. There are no superseded, withdrawn or replaced versions of this information. 

The information you requested is available from the below web links: 

##NHS Pension Scheme Regulations 

https://www.nhsbsa.nhs.uk/information-about-nhs-pensions/nhs-pension-scheme-regulations 

##NHSBSA Website 

https://www.nhsbsa.nhs.uk/nhs-pensions 

Please see the following link to view the section 21 in full - https://www.legislation.gov.uk/ukpga/2000/36/section/21 

Please note, changes to the NHS Pension Scheme were made with effect from 1 April 2023 SI2023 301 refers. It amended Schedule 15 of the 2015 NHS Pension Scheme regulations to define a PCN as an employing authority for the purposes of access to the NHS Pension Scheme. 

##Data Queries 

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

##Reusing the data and copyright 

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented. 

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2026”. Failure to do so is a breach of the terms of the licence. 

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.

Tags: NHS Pensions, PCSE
Organization: Freedom of Information Disclosure Log