The Teachers' Pensions Regulations 2010

Case C: ill-health retirement E+W+S

[F1 3.— (1) Except as provided in paragraph 4, a person (P) falls within this paragraph if—

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

(b) 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 left all pensionable employment because P was incapacitated (or this was one of the reasons why P left all pensionable employment).

(3) Condition 2 is that P makes the application under regulation 107—

(a) before [F2 ending a period of non-pensionable sick leave, non-pensionable family leave or a career break], or

(b) within 2 years of the last day of pensionable employment.

(4) Condition 3 is that immediately before making the application under regulation 107 P is incapacitated and is likely to be incapacitated permanently.

(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.

(6) Where P satisfies Conditions 1, 2 and 3, the illness or injury P relies upon in the application under regulation 107 must be—

(a) the same illness or injury which was the reason or, as the case may be, one of the reasons for P leaving pensionable employment, or

(b) connected to or consequent upon that injury or illness.]

Textual Amendments

F1 Sch. 7 para. 3 substituted (30.11.2017) by The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 7(a)

F2 Words in Sch. 7 para. 3(3)(a) substituted (1.9.2019) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 17(a)