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.