Regulation 116 Entitlement to total incapacity pension

(1)

A total incapacity pension is payable to a person (P) from the entitlement day if—

(a)

P is entitled to an ill-health pension because the Department is satisfied that P meets the incapacity condition;

(b)

P has applied under regulation 162 for payment of an ill-health pension and a total incapacity pension; and

(c)

the Department is satisfied after consideration of a medical report that P meets the total incapacity condition.

(2)

For a person in stepped down employment, the Department must be satisfied that P's total incapacity is wholly or partly related to the ill-health which led to the change in the terms of employment.

(3)

A total incapacity pension is not payable to P if—

(a)

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

(b)

P made the ill-health application—

(i)

after leaving all eligible employment; and

(ii)

more than 2 years after the last day of pensionable service.

(4)

Except as provided in regulation 118, the total incapacity pension is payable for life.