# The Teachers' Pensions Regulations 2010, Regulation 65: Total incapacity benefits


(1) This regulation applies where—
(a) an ill-health pension becomes payable to a person (P) because P satisfies Conditions 1, 2 and 3 set out in paragraph 3 of Schedule 7 (Case C: ill-health retirement), and
(b) P satisfies Conditions A and B.
(2) P satisfies Condition A if 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.
(3) P satisfies Condition B if immediately before satisfying Condition A—
(a) P was in pensionable employment,
(b) P was paying contributions under regulation C9 of TPR 1997 or regulation 19 (election to pay contributions by a person serving in a reserve force), or
(c) P was taking a period of non-pensionable sick leave, a period of non-pensionable family leave or a career break which, in every case, followed on immediately after a period of pensionable employment.
(4) A total incapacity pension is payable to P from the entitlement day.
(5) Except as otherwise provided in these Regulations, the total incapacity pension is payable for life.
(6) Where P is a pre-2007 entrant, a total incapacity lump sum is payable to P on the entitlement day.
(7) The annual rate of the pension and the amount of the lump sum are to be calculated in accordance with regulation 66 (annual rate of total incapacity pension and amount of total incapacity lump sum).
(8) The entitlement day is the date on which the ill-health pension mentioned in paragraph (1) becomes payable to P.

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Source: https://www.legislation.gov.uk/uksi/2010/990/regulation/65 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-65
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.