Case C: ill-health retirement
3.—(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.