The Teachers' Pension Scheme Regulations 2014 No. 512

PART 5 E+W Retirement benefits for teachers

CHAPTER 6 E+W Ill-health retirement

SECTION 2 E+W Ill-health pension

Entitlement day for ill-health pension E+W

109.— [F1 (1)]  The entitlement day for an ill-health pension is the latest of the following—

(a) the day that falls 6 months before the date of a medical report following consideration of which the scheme manager is satisfied that a person (P) meets the incapacity condition or, if applicable, the total incapacity condition;

(b) the day specified in that medical report as the day on which P first met the incapacity condition or, if applicable, the total incapacity condition;

(c) the day after P leaves all eligible employment;

(d) the date of any previous medical report following consideration of which the scheme manager is not satisfied that P meets the incapacity condition or, if applicable, the total incapacity condition.

[F2 (2) The scheme manager may only make the determination mentioned in paragraph (1)(a) after consideration of a medical report produced no more than 18 months before the date on which P made the ill-health application.]

Textual Amendments

F1 Reg. 109 renumbered as reg. 109(1) (1.9.2019) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 22(1)

F2 Reg. 109(2) inserted (1.9.2019) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 22(2)

Entitlement to ill-health pension E+W

110.—(1) A member (P) is entitled to payment of an ill-health pension from the entitlement day if—

(a) P is qualified or re-qualified for retirement benefits;

(b) P has not reached normal pension age;

(c) P has left all eligible employment;

(d) P has applied under regulation 162 for payment of an ill-health pension;

(e) P has not applied under that regulation for payment of any other retirement pension; and

(f) the scheme manager is satisfied after consideration of a medical report—

(i) if paragraph (2) applies, that P meets the incapacity condition and the total incapacity condition; or

(ii) if paragraph (3) applies, that P meets the incapacity condition.

(2) This paragraph applies if—

(a) P left all eligible employment for a reason other than because P was incapacitated; or

(b) P made the ill-health application more than 2 years after the last day of pensionable service.

(3) This paragraph applies if—

(a) P left all [F3 pensionable service] because P was incapacitated; and

(b) P made the ill-health application—

(i) before leaving all eligible employment; or

(ii) within 2 years after the last day of pensionable service.

[F4 (3A) Where paragraph (3) applies, the illness or injury which P relies upon in P’s ill-health application to meet the incapacity condition 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.]

(4) Except as provided in regulation 114, an ill-health pension is payable for life.

Textual Amendments

F3 Words in reg. 110(3)(a) substituted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(a)

F4 Reg. 110(3A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(b)

No entitlement to ill-health pension E+W

111.—(1) A member (P) is not entitled to payment of an ill-health pension—

(a) in respect of any pensionable service after P reaches normal pension age; or

(b) if paragraph (2) applies.

(2) This paragraph applies if—

(a) a direction under section 142 of EA 2002 given on a ground mentioned in subsection (4)(a), (b) or (c) of that section has effect in respect of P,

(b) the Secretary of State is considering giving such a direction in respect of P,

(c) P is included, or is being considered for inclusion, in any of the lists mentioned in paragraph (4), or

(d) the General Teaching Council for Wales M1 or the Secretary of State has made, or the General Teaching Council for Wales or the Secretary of State makes, or is considering making, a prohibition order in relation to P on the grounds of unacceptable professional conduct or that P has been convicted of a relevant offence.

(3) But paragraph (2) does not apply if the Secretary of State determines that the only reason for the direction or the direction being considered, for including, or considering including, P in any of the lists; or for making, or considering making, a prohibition order is unrelated to P's culpable behaviour.

(4) The lists are—

(a) the children's barred list (established under section 2(1)(a) of SVGA 2006);

(b) a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(2)(b) of SVGA 2006 as corresponding to the children's barred list;

(c) the adults' barred list (established under section 2(1)(b) of SVGA 2006);

(d) a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(3)(b) of SVGA 2006 as corresponding to the adults' barred list.

(5) In this regulation—

“prohibition order”, “relevant offence” and “unacceptable professional conduct” have the same meanings as in Schedule 2 to the Teaching and Higher Education Act 1998 M2 ; and

“SVGA 2006” means the Safeguarding Vulnerable Groups Act 2006 M3 .

Marginal Citations

M1 The General Teaching Council for Wales was established pursuant to section 8 of the Teaching and Higher Education Act 1998 c.30 and S.I. 1998/2940.

M2 1998 c.30.

M3 2006 c.47.

When ill-health pension does not become payable E+W

112.—(1) If an ill-health pension does not become payable before the death of a member (D), a death grant is payable in respect of the member.

(2) For the purpose of paragraph (1)—

(a) an ill-health pension does not become payable before D's death unless the initial payment of the pension is made before D's death; and

(b) an ill-health pension that becomes payable before D's death but ceases to be payable under regulation 114 or 118 is taken not to become payable before D's death.

[F5 When ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health) E+W

112A.   An ill-health pension is taken to become payable before the death of a member (D) if—

(a) before D’s death D made an ill-health application;

(b) at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and

(c) following consideration of the applications mentioned in sub-paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.]

Textual Amendments

F5 Reg. 112A inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 16

Annual rate of ill-health pension E+W

113.  The annual rate of ill-health pension payable to a person (P) is found by—

(a) taking the amount of full retirement earned pension specified in P's pensioner member's account;

(b) adding the amount of full retirement additional pension (if any) specified in that account; and

(c) subtracting the conversion amount (if any) specified in that account in relation to the sum of those amounts.

When ill-health pension ceases to be payable E+W

114.  An ill-health pension ceases to be payable to a person (P), unless P has reached normal pension age, on the earlier of the following dates—

(a) the date on which P re-enters eligible employment;

(b) the date on which P engages in any work as a teacher which is not an eligible employment.