If you are a member of the Teachers’ Pension scheme and you are considering an application for ill health retirement, or appeal against a decision rejecting your application, read on to see how we could help.
We always hope the information on our website is helpful, but we are aware that the best assistance is to discuss your problem with a fully qualified employment solicitor. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help
When Can You Apply For Ill Health Retirement?
Broadly speaking, under the Teachers’ Pension scheme, an application of ill health retirement can be made at any time under normal pension age, so long as the applicant has at least 2 years of qualifying service. However, putting yourself forward for ill health retirement should be seen as a last resort. Therefore, before looking into submitting an application, make sure you have explored all other possible options by discussing your situation with your GP, occupational health and your employer.
What Is The Assessment Criteria For Ill Health Retirement?
This post looks only at what is termed “in-service applications”. These are applications made whilst an employee is still working, or within two years thereafter.
The criteria for assessment benefit is based on two tiers.
- Tier 1 – ill health pension based on any accrued benefits within the scheme. This can be paid if the applicant is incapacitated permanently. As the wording suggests, this means the applicant being permanently unable to teach – but may be able to undertake other work up to normal retirement age.
- Tier 2 – ill health pension based on an enhancement known as total incapacity. This can be paid if the applicant is deemed to be permanently unable to teach PLUS permanently unable to undertake any gainful employment up to normal retirement age. Under this scheme, gainful employment refers to a person’s ability to carry out any work being impaired by more than 90% and that for the impairment to be more than 90% permanent.
How To Apply For Ill Health Retirement?
In the first instance, applicants should contact their employers to ask for an application for ill-health retirement benefits form. The applicant should complete part A and then parts B and C will need to be completed by the employer.
Embarking upon this process should be done very carefully. Although the process can get underway once the forms are completed, the role of providing as much supporting information as possible is down to the applicant. Therefore, an incomplete application, or one which does not provide detailed medical information may well be rejected.
What Medical Evidence Should You Include?
As alluded to above, there is a common misconception that employers will provide medical evidence to support an application. This is not the case. It is up to applicants to provide any medical evidence they wish to support their application. This could include medical records and should also include letters from specialists or consultants who have treated the applicant.
When asking a medical specialist or consultant to provide a supportive report, try to ensure they include all the following information: –
- What the recognised medical condition is.
- What the likely prognosis is.
- Details of the treatment that has been completed to date.
- Confirmation (if possible) that in the opinion of the specialist, all reasonable treatment has been exhausted.
- Confirmation from the specialist that on the balance of probabilities, the medical condition does render the applicant permanently incapable of: –
- Teaching in a full or part time capacity in any teaching role for the purposes of the Tier 1 benefit and;
- Any gainful employment for the purposes of the Tier 2 payment.
- That this situation will continue until normal retirement age.
Lincs Law Employment Solicitors Can Help You.
If you are considering an application for ill health retirement or have had your initial application refused, please contact us for a no obligation, free consultation with an employment solicitor. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help. Alternatively, for more information about ill health retirement, please visit our ill health retirement pages at https://lincslaw.co.uk/services/employees/workplace-problems/ill-health-retirement/
Sophie Goodwill
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Appeal Against Ill Health Retirement Ill Health Retirement lincs law employment solicitors sophie goodwill Teachers' Pensions Teachers' Pensions Ill Health Retirement