The Teachers’ Pensions etc. (Reform Amendments) Regulations 2006

Pensioner ceasing to be incapacitated

34.—(1) At the end of the heading to regulation E13 insert “where application for payment was received before 6th January 2007”.

(2) In regulation E13(1) after “regulation E4(9) of the 1988 Regulations” insert “and where the person’s application for payment under regulation E33(2) was received by the Secretary of State before 6th January 2007”.

(3) After regulation E13 insert—

“Pensioner ceasing to be incapacitated where application for payment was received on or after 6th January 2007

E13A.—(1) This regulation applies where a person is entitled to a payment of a retirement pension by virtue of regulation E4(4) and the person’s application for payment was received by the Secretary of State on or after 6th January 2007.

(2) Paragraph (4) has effect where the person was entitled to payment of a total incapacity pension under regulation E8A but the person subsequently ceases to satisfy the condition contained in regulation E8A(2)(a).

(3) For the purposes of paragraph (2) a person is treated as having ceased to satisfy the condition in regulation E8A(2)(a) if he takes up any employment unless—

(a)the employment which he takes up is not employment in a capacity described in Schedule 2 or employment as a teacher in an accepted school or with an accepted function provider,

(b)he provides the Secretary of State with a certificate from a registered medical practitioner that in the opinion of the medical practitioner he still meets the condition, and

(c)the Secretary of State determines that he still meets the condition.

(4) Subject to paragraph (5), on the date on which the person ceases to satisfy the condition contained in regulation E8A(2)(a), the total incapacity pension referred to in regulation E8A ceases to be payable.

(5) Where however the person satisfies the requirements of sub-paragraphs (a), (b) and (c) of paragraph (3) but satisfies the requirements of sub-paragraphs (b) and (c) of that paragraph after he has taken up the employment the total incapacity pension is payable again as from the date on which the person took up the employment.

(6) Paragraph (8) has effect where the person subsequently ceases to be incapacitated.

(7) For the purposes of paragraph (6) a person is treated as having ceased to be incapacitated if it takes up employment in a capacity described in Schedule 2 or as a teacher in an accepted school or with an accepted function provider.

(8) On the date on which the person ceases to be incapacitated the person’s retirement pension ceases to be payable, but any equivalent pension benefits continue to be payable.

(9) Where paragraph (8) had effect, the retirement pension becomes payable again (subject to paragraph (10) and to regulation E33(2) (application for payment))—

(a)from the date on which the person attains his normal pension age, or

(b)if earlier, from the start of any renewed incapacity.

(10) Paragraph (9) does not apply if the person has been in pensionable employment at any time after he first became entitled to payment of the retirement pension.

(11) If the pension becomes payable again under paragraph (9)(a) it is to be treated for purposes of regulation E14 as one to the payment of which the person has become entitled by virtue of regulation E4(2).”.