4.—(1) For the purposes of section 5(1) of the Act less favourable treatment of a disabled person is to be taken to be justified in the circumstances described in paragraph (2) if it results from applying the eligibility conditions set out for receiving any benefit referred to in paragraph (3) or from determining the amount of any such benefit.
(2) The circumstances are that by reason of the disabled person’s disability (including any clinical prognosis flowing from the disability) the cost of providing any benefit referred to in paragraph (3) is likely to be substantially greater than it would be for a comparable person without that disability.
(3) The benefits are those provided under an occupational pension scheme in respect of any of the following:—
(a)termination of service;
(b)retirement, old age or death; or
(c)accident, injury, sickness or invalidity.