Incapacity definitionsE+W
This section has no associated Explanatory Memorandum
107. 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.