Regulation 67 Cessation of total incapacity pension

(1)

A total incapacity pension ceases to be payable to a person (P) if P's ability to carry out any work ceases to be impaired by more than 90%.

(2)

Paragraph (1) does not apply if P has reached—

(a)

where P is a pre-2007 entrant, the age of 60, or

(b)

where P is a person with mixed service or a 2007 or later entrant, the age of 65.

(3)

For the purpose of paragraph (1), P's ability to carry out any work is to be treated as ceasing to be impaired by more than 90% on the earliest of the following—

(a)

the date on which P enters employment in a capacity mentioned in Schedule 2 (pensionable employment);

(b)

the date on which P engages in work as a teacher (not being employment in such a capacity);

(c)

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

(i)

P provides the Secretary of State with a certificate from a registered medical practitioner that, in the opinion of the practitioner, P continues to satisfy Condition A set out in regulation 65 (total incapacity benefits) despite engaging in such work, and

(ii)

the Secretary of State determines that P continues to satisfy that Condition despite engaging in such work.

Notes on Part 7

Modifications

C1: Pt. 7 applied (1.4.2015) by The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 (S.I. 2015/601), regs. 1, 4 (with reg. 44(2)(3))