Regulation 104 Incapacity definitionsI1

Scotland

In this Chapter, a person (P)—

(a)

is incapacitated if, as a result of illness or injury, P is unfit to be in eligible employment despite appropriate medical treatment;

(b)

meets the incapacity condition if—

(i)

P is incapacitated; and

(ii)

P is likely to be incapacitated permanently; and

(c)

meets the total incapacity condition if—

(i)

P is incapacitated; and

(ii)

P’s ability to carry out any work is impaired by more than 90% and is likely to be impaired by more than 90% permanently.

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