- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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103. In this Chapter—
“ill-health application” means an application under regulation 159 for payment of—
an ill-health pension; and
if applicable, a total incapacity pension;
“medical report” means a medical report accompanying an ill-health application.
104. In this Chapter, a person (P)—
(a)is incapacitated if, as a result of illness or injury, P is unfit to be in eligible employment despite appropriate medical treatment;
(b)meets the incapacity condition if—
(i)P is incapacitated; and
(ii)P is likely to be incapacitated permanently; and
(c)meets the total incapacity condition if—
(i)P is incapacitated; and
(ii)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.
105.—(1) An ill-health application made by a person (P)—
(a)must be accompanied by all the medical evidence necessary for the scheme manager to determine that P is entitled to the payment of an ill-health pension or a total incapacity pension; and
(b)must be signed by P’s employer unless—
(i)P left all eligible employment for a reason other than because P was incapacitated; or
(ii)P made the ill-health application more than 2 years after the last day of pensionable service.
(2) The medical evidence must include a medical report containing evidence that P meets—
(a)the incapacity condition; and
(b)if applicable, the total incapacity condition.
(3) An application for a total incapacity pension will not be granted unless it is made—
(a)before P leaves all eligible employment; or
(b)within 2 years after the last day of pensionable service.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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