29Invalidity or incapacity arising during absence without leave exceeding 60 days

29 Invalidity or incapacity arising during absence without leave exceeding 60 days

Where: (a) a contributing member has been retired on the ground of invalidity or of physical or mental incapacity to perform his duties; (b) CSC is satisfied that the invalidity or incapacity was caused, or was substantially contributed to, by an occurrence that happened at a time when he was absent without leave and had been so absent for a period exceeding 60 consecutive days; (c) in a case where the period when the contributing member was absent without leave commenced on or after 3 July 1985 or commenced before that day and ended on or after that day—both of the following subparagraphs apply: (i) the salary and allowances of the member in respect of the period were forfeited under regulations made under the Defence Act 1903; (ii) an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member; he is not entitled to invalidity benefit.