Ill-health benefits 7

United Kingdom
19/07/2000
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Reference: J00540

The scheme rules contained no definition of incapacity so the trustees used the Inland Revenue definition which is:

"physical or mental deterioration which is sufficiently serious to prevent the individual from following his or her normal employment, or which seriously impairs his or her earning capacity. It does not mean simply a decline in energy or ability."

The Ombudsman thought that using this definition was acceptable but held that the Revenue definition did not require any evidence of permanent incapacity, it only required that the member be unable to do their own job. As the medical report said that the member was "not able to follow her normal occupation currently", the trustees must reconsider the matter.





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