Regulation 110 Entitlement to ill-health pension

(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 Department 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 eligible employment 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.

(4)

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