Regulation 110 Entitlement to ill-health pension

England and Wales

(1)

A member (P) is entitled to payment of an ill-health pension from the entitlement day if—

(a)

P is qualified or re-qualified for retirement benefits;

(b)

P has not reached normal pension age;

(c)

P has left all eligible employment;

(d)

P has applied under regulation 162 for payment of an ill-health pension;

(e)

P has not applied under that regulation for payment of any other retirement pension; and

(f)

the scheme manager is satisfied after consideration of a medical report—

(i)

if paragraph (2) applies, that P meets the incapacity condition and the total incapacity condition; or

(ii)

if paragraph (3) applies, that P meets the incapacity condition.

(2)

This paragraph applies if—

(a)

P left all eligible employment for a reason other than because P was incapacitated; or

(b)

P made the ill-health application more than 2 years after the last day of pensionable service.

(3)

This paragraph applies if—

(a)

P left all F1pensionable service because P was incapacitated; and

(b)

P made the ill-health application—

(i)

before leaving all eligible employment; or

(ii)

within 2 years after the last day of pensionable service.

F2(3A)

Where paragraph (3) applies, the illness or injury which P relies upon in P’s ill-health application to meet the incapacity condition must be—

(a)

the same illness or injury which was the reason, or as the case may be, one of the reasons for P leaving pensionable employment; or

(b)

connected to or consequent upon that injury or illness.

(4)

Except as provided in regulation 114, an ill-health pension is payable for life.

Annotations

F1: Words in reg. 110(3)(a) substituted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(a)
F2: Reg. 110(3A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(b)