SCHEDULE 7Retirement benefits

Case C: ill-health retirement3

1

Except as provided in paragraph 4, a person (P) falls within this paragraph if—

a

P was in pensionable employment at any time after 31st March 1972,

b

P ceases to be in pensionable employment, excluded employment, on non-pensionable sick leave, on non-pensionable family leave or on a career break,

c

P satisfies either Conditions 1, 2 and 3 or Condition 4, and

d

P makes an application under regulation 107 for retirement benefits on the basis that Case C, and no other Case (apart from Case A), applies to P’s reckonable service.

2

Condition 1 is that P is incapacitated and is likely to be incapacitated permanently.

3

Condition 2 is that immediately before satisfying Condition 1—

a

P was in pensionable employment,

b

P was paying contributions under regulation C9 of TPR 1997, or

c

P was, with the consent of P’s employer, on non-pensionable sick leave, on non-pensionable family leave or on a career break which, in every case, followed on immediately after a period of pensionable employment.

4

Condition 3 is that P’s application under regulation 107—

a

is made within 6 months after the end of pensionable employment, within 6 months after the end of the period in respect of which the contributions mentioned in sub-paragraph (3)(b) are paid or before the date on which, under the arrangements made with P’s employer, the non-pensionable sick leave, non-pensionable family leave or career break ends, and

b

except where P satisfies Condition 2 because P falls within sub-paragraph (3)(b), is signed by P’s employer.

5

Condition 4 is that 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.