Regulation 21 Retirement compensation payable to pensionable officer on his becoming incapacitated
Where a person to whom this Part of these Regulations applies, and who has suffered loss of employment before attaining the age of 65 years, becomes incapacitated in circumstances in which, if he had continued in the employment he has lost, he would have qualified for the grant of a pension under section 6 of the Act of 1926, he shall be entitled to claim an annual sum equal to the amount of his accrued pension, subject however to paragraph (5) of this Regulation.
On receipt of a claim under paragraph (1), the compensating authority shall consider whether the claimant is a person to whom that paragraph applies, and—
if they are satisfied that he is not such a person, they shall notify him in writing accordingly, or
if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly:
and notification as described in sub-paragraph (a) or (b) above shall, for the purposes of these Regulations, be deemed to be a notification by the authority of a decision on a claim for compensation.
A compensating authority may require any person who makes a claim under paragraph (1) to submit himself to a medical examination by a registered medical practitioner selected by that authority, and if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration together with the report of the medical practitioner selected by them.
If a person wishes to receive compensation under this Regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under paragraph (2) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.
Where the compensating authority by virtue of Regulation 17 have credited the person with an additional period of service, no account shall be taken of any additional period beyond the period which he could have served, had he not lost his employment, before the date on which the claim was received by the compensating authority.