PART 5Retirement Benefits for Teachers
CHAPTER 6Ill-health retirement
SECTION 3Total incapacity pension
Entitlement to total incapacity pension116.
(1)
A total incapacity pension is payable to a person (P) from the entitlement day if—
(a)
P is entitled to an ill-health pension because the Department is satisfied that P meets the incapacity condition;
(b)
P has applied under regulation 162 for payment of an ill-health pension and a total incapacity pension; and
(c)
the Department is satisfied after consideration of a medical report that P meets the total incapacity condition.
(2)
For a person in stepped down employment, the Department must be satisfied that P's total incapacity is wholly or partly related to the ill-health which led to the change in the terms of employment.
(3)
A total incapacity pension is not payable to P if—
(a)
P left an eligible employment for a reason other than because P was incapacitated; or
(b)
P made the ill-health application—
(i)
after leaving all eligible employment; and
(ii)
more than 2 years after the last day of pensionable service.
(4)
Except as provided in regulation 118, the total incapacity pension is payable for life.