Regulation 11 Amendment of principal Regulations

in paragraph (7) for sub-paragraph (c) there shall be substituted the following sub-paragraph —

“(c)

has ceased after attaining that age to be —

(i)

in pensionable employment;

(ii)

in excluded employment; or

(iii)

in employment which would be pensionable employment but for the fact that the person has not made an election under regulation B1(4), and”;

for paragraph (9) there shall be substituted the following paragraph —

“(9)

In Case E the entitlement takes effect —

(a)

where immediately before the person became incapacitated he was in employment of the type described in paragraph (7)(c)(ii) or (iii), on the day after the last day of his employment; and

(b)

in any other case —

(i)

as soon as the person falls within the case, or

(ii)

if later, 6 months before the date of the last of any medical reports considered by the Secretary of State in determining under regulation H7 that the person has become incapacitated.”.