96Power of Commission to determine invalidity

96 Power of Commission to determine invalidity

(1)  In this regulation –

interim invalidity, in relation to a contributor, means incapacity or infirmity of such a kind that the Commission is satisfied that the contributor –

(a) is unfit to perform the duties of his or her office or position; and

(b) is likely to recover sufficiently so as to enable him or her to perform the duties of his or her position, or the duties of some other office or position for which he or she is reasonably qualified by education, training or experience; and

(c) should not be retired on the grounds of total and permanent incapacity or partial and permanent incapacity;

partial and permanent incapacity, in respect of an existing contributor, means infirmity or incapacity suffered by the contributor of such a kind that the Commission –

(a) is satisfied, by reason of the contributor's suffering from that infirmity or incapacity, that the contributor is unfit to continue to perform the duties of his or her office or position or the duties of some other office or position for which he or she may be suited by training, experience and aptitude, or any of them; and

(b) is not satisfied that, by reason of the contributor so suffering, the contributor is, and until the age of 65 years will continue to be, unfit to continue to perform the duties of his or her office or position or the duties of some other office or position referred to in paragraph (a) ;

total and permanent incapacity, in relation to a person, means ill-health, whether physical or mental, such that the Commission is reasonably satisfied that the person is unlikely ever again to engage in gainful employment for which the person is reasonably qualified by education, training or experience.

(2)  An application by a contributor for an invalidity benefit is to be made to the Commission in a form approved by the Commission.

(3)  If the Commission has received an application for an invalidity benefit from a contributor, the Commission must determine whether that contributor is suffering from –