93.—(1) A deferred member (DM) is entitled to immediate payment of a pension if—
(a)DM is not in NHS employment;
(b)DM has not attained normal pension age;
(c)the scheme manager is satisfied that DM suffers from physical or mental infirmity as a result of which DM is permanently incapable of engaging in regular employment of like duration; and
(d)DM claims payment of the pension.
(2) DM is entitled to immediate payment of a pension if—
(a)DM is in NHS employment;
(b)DM has not attained normal pension age;
(c)the scheme manager is satisfied that DM—
(i)is not within paragraph (1)(b); but
(ii)suffers from physical or mental infirmity as a result of which DM is permanently incapable of discharging the duties of DM’s employment efficiently; and
(d)DM leaves the employment and claims payment of the pension.
(3) The amount of a pension payable under this regulation is found by applying regulation 91(1) as if—
(a)a reference to M is a reference to DM; and
(b)the pension under this regulation is a Lower Tier IHP.
(4) Regulation 90 applies for the purposes of this regulation as if—
(a)a reference to M is a reference to DM; and
(b)a reference to regular employment of like duration is a reference to such employment for the purposes of paragraph (1)(c).