Regulation 115 Cessation of total incapacity pensionI1

Scotland

(1)

A total incapacity pension ceases to be payable to a person (P) on the date on which P’s ability to carry out any work ceases to be impaired by more than 90%.

(2)

For the purpose of paragraph (1), P’s ability to carry out any work ceases to be impaired by more than 90% on the earliest of the following dates—

(a)

the date on which P re-enters eligible employment;

(b)

the date on which P engages in any work as a teacher which is not an eligible employment;

(c)

the date on which P engages in any other form of work unless—

(i)

P provides the scheme manager with a certificate from a registered medical practitioner stating that, in the opinion of the practitioner, P continues to meet the total incapacity condition despite engaging in such work; and

(ii)

the scheme manager is satisfied that P continues to meet that condition despite engaging in such work.

(3)

A total incapacity pension does not cease to be payable on that date if P has reached normal pension age.

Annotations

Commencement

I1: Reg. 115 in force at 1.4.2015, see reg. 1(2)(b)