# The Armed Forces Pension Regulations 2014, Regulation 52: Entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment

Extent: E+W+S+N.I.

(1) An active member who has not reached normal pension age is entitled to the immediate payment of an ill-health pension if—
(a) in the opinion of the scheme manager—
(i) the member has suffered a breakdown in health, as a result of which, their capacity for ... gainful employment is significantly impaired; and
(ii) the breakdown will continue until the member reaches normal pension age;
(b) the scheme manager has received evidence from a registered medical practitioner that the member is, and will continue to be, incapable of carrying on their occupation because of physical or mental impairment;
(c) the member has at least 2 years’ qualifying service or a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the member under Part 8 (Transfers);
(d) the member is not entitled to an ill-health pension under regulation 51(1) (entitlement to ill-health pension: active member with permanent serious ill-health); and
(e) the scheme manager has agreed to the member becoming so entitled.
(2) A member entitled to immediate payment of an ill-health pension is entitled to—
(a) an added pension of any description if the pensioner member’s account specifies an accrued added pension of that description; and
(b) a retirement club transfer earned pension, if the pensioner member’s account specifies a club transfer earned pension.
(3) The annual rate of an ill-health pension and any added pension payable under this regulation is to be calculated in accordance with regulation 55 (annual rate of ill-health pension: active members with significant impairment of capacity for gainful employment).

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Source: https://www.legislation.gov.uk/uksi/2014/2336/regulation/52 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.