LOCAL GOVERNMENT PENSION SCHEME

Secretary of State Appeal Determinations

 

INDEX B :

A to CD to H I J to QR to Z

   

Key to regulations used in this Index:

L97    The Local Government Pension Scheme Regulations 1997

L95      The Local Government Pension Scheme Regulations 1995

L86      The Local Government Superannuation Regulations 1986

TP       The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

DC      The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000

DP       The Local Government (Discretionary Payments) Regulations 1996

MI       The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998

Example:

L97 : 31 means reg 31 of the Local Government Pension Scheme Regulations 1997

INDEX B

APPEAL DETERMINATIONS

           

SUBJECT

MAIN POINTS

REF No.

Content & Regulation

Ill Health

Appeal by administering authorities

LGSS 168, LGSS 169, LGSS 217, LGP12

 

Ill Health

Calculation Method

LGSS 257, LGP22, LGP23, LGP24, LGP25, LGP64, LGP117

 

Ill Health

Exhaustion of sick pay

LGSS 36, LGSS 10, LGP 20

 

Ill Health

Increase of reckonable service

LGSS 77, LGP 11

 

Ill Health

Job release

LGSS 178

 

Ill Health

Reasonableness

LGSS 114

 

Ill Health

Medical condition at time of leaving

LGSS 250, LGP 7, LGP8, LGP9, LGP10, LGP14, LGP15, LGP16, LGP17, LGP18, LGP161, LGP183, LGP184, LGP185, LGP186, LGP187, LGP188, LGP189

 

Ill Health

Benefits less than estimates

LGP 13

 

Ill Health

Change of job

LGP 19

 

Ill Health

Release of deferred benefits

LGP 21, LGP 48, LGP 192

 

Ill Health Enhancements

Effect of change of definition of P/T from 2 May 1995

1) Member worked 33 hrs per week

2) Deemed part-time from 2 May 1995

3) Appeal allowed – (para 10(2) of Schedule M4)

443

L95:SchM4

Ill Health

Medical condition at time of Tupe Transfer

1) Awarded Deferred Benefits

2) Medical Exam concluded permanent ill-health

3) Enhanced benefits paid from date leaving LG

208

L95:D7

Ill Health

Medical condition at time of leaving

1) Medical exam concluded still not permanent

2) Appeal dismissed

214

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of back pain

2) Medical exam not conclusive

3) Appeal dismissed

216

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of illness

2) Medical Exam confirmed depression/fatigue

3) Possibility of improvement-Appeal dismissed

219

L95:D7

Ill-Health

Medical condition at time of leaving

1) Neurasthenia/personality disorder

2) Medical exam concluded unlikely to improve

3) Appeal allowed

220

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of depression and anxious

2) Limited response to treatment

3) Appeal allowed

221

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of arthritis

2) Medical exam concluded no evidence of problem

3) Appeal dismissed

225

L86:E2

Ill-Health

Medical condition at time of leaving

1) Chronic lower back pain

2) Medical exam confirmed back pain & sciatica

3) Appeal allowed

226

L86:E2

Ill-Health

Medical condition at time of leaving

1) Unable to wear protective clothing

2) Applied for early payment of deferred benefits

3) Appeal dismissed

227

L86:E2

Ill-Health

Medical condition at time of leaving

1) DVLA withdrew PVC licence

2) Conflicting medical opinions

3) Appeal dismissed

228

L95:D7

Ill-Health

Medical condition at time of transfer

1) History of Depression & paranoia

2) Medical exam concluded condition permanent

3) Appeal allowed (benefits paid from transfer date)

230

L95:E7

Ill-Health

Medical condition at time of leaving

1) Chronic anxiety disorder

2) Medical exam confirmed unlikely to improve

3) Appeal allowed

233

L86:E2

Ill-Health

Medical condition at time of leaving

1) Back problem

2) Medical exam concluded condition treatable

3) Appeal dismissed

234

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of back pain

2) Medical exam confirmed condition

3) Appeal allowed

235

L86:E2

Ill-Health

Medical condition at time of leaving

1) Cervical spondylosis

2) Medical exam concluded condition treatable

3) Appeal dismissed

237

L95:E2

Ill-Health

Medical condition at time of leaving

1) Deferred benefits paid early

2) Medical exam concluded condition existed at leaving

3) Appeal allowed (Ill-health plus enhancement)

239

L86:E2

Ill Health

Medical condition at time of leaving

1) History of ill-health

2) Tupe transfer awarded deferred benefits

3) Medical exam concluded well established illness

4) Appeal allowed (ill-health plus enhancement)

241

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of illness pre & post leaving

2) Medical exam confirmed depression etc

3) Appeal allowed

242

L86:E2

Ill-Health

Medical condition at time of leaving

1) Council failed to decide

2) Medical exam confirmed clinical depression

3) Appeal allowed

243

L95:D7

Ill-Health

Medical condition at time of leaving

1) Awarded deferred benefits subsequently paid early

2) Medical exam concluded whiplash injury worsening

3) Appeal allowed (ill-health plus enhancement)

253

L86:E2

Ill-Health

Medical condition at time of leaving

1) Awarded deferred benefits, paid early on ill-health

2) Medical exam confirmed psychiatric condition

3) Condition had existed before date of leaving

4) Appeal allowed (ill-health plus enhancement)

260

L86:E2

Ill-Health

Medical condition at time of retirement

1) Member resigned

2) Evidence of permanent ill-health

3) Appeal dismissed – No evidence resigned due illness

271

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of back and neck problems

2) Medical exams no conclusive evidence

3) Appeal dismissed

277

L86:E2

Ill-Health

Medical condition at time of leaving

1) Accident at work

2) Medical exam concluded degenerative disc disease

3) Appeal allowed

287

L86:E2

Ill-Health

Medical condition at time of leaving

1) Employment terminated on redundancy grounds

2) Deferred benefits paid early on ill-health

3) Medical exam not conclusive

4) Appeal allowed – ill-health with enhancement

299

L86:E2

Ill-Health

Medical condition at time of leaving

1) Suffered injury at work

2) Retirement on efficiency grounds

3) Medical exam confirmed condition permanent

4) Appeal allowed – Ill-health plus enhancement

302

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of angina

2) Medical exam unable to confirm permanency

3) Appeal allowed – Regard to duties of employment

305

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of chronic fatigue syndrome

2) Medical concluded condition unlikely to improve

3) Appeal allowed

306

L86:E2

Ill-Health

Entitlement to retire on ill-health grounds

1) employee is still in employment

2) Council refuses to allow ill-health retirement

3) No power to consider – employee still employed

336

L97:27

Ill-Health

Medical condition at time of leaving

1) Absent from work due to injury at work

2) Placed in redeployment pool

3) Medical exam concluded no permanent injury

4) Appeal dismissed

339

L95:E2

Ill-Health

Medical condition at time of leaving

1) Deferred benefits awarded on TUPE transfer

2) Deferred benefits paid early on ill-health

3) Medical exam concluded that condition existed

4) Appeal allowed – Ill-health plus enhancement

363

L95:D7

Ill-Health

Medical condition at time of transfer (TUPE)

1) Employee on sick leave at date of transfer

2) Awarded deferred benefits – paid early on ill-health

3) Appeal dismissed

412

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of coronary problems

2) Medical exams could not confirm “permanent”

3) Appeal dismissed

421

L97:27

Ill-Health

Medical condition at time of leaving

1) History of sickness

2) Medical exam concluded illness permanent

3) Appeal allowed – ill-heath plus enhancement

424

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of illness

2) Made redundant – awarded deferred benefits

3) Medical exam concluded permanent ill-health

4) Appeal allowed – ill-health with enhancement

428

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of illness and depression

2) Medical exam concluded conditions treatable

3) Appeal dismissed

429

L95:D7

Ill-Health

Medical condition at time of leaving

1) Certified as permanently unfit-voluntary resigned

2) Deferred bens paid from day following resignation

3) Appeal dismissed –post 28 March 1997 leaver

473

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of back problems

2) Employment terminated on capability grounds

3) Medical exam concluded condition not permanent

4) Appeal dismissed

493

L95:D7

Ill-Health

Medical condition at time on leaving

1) History of Back problem

2) Medical concluded unable to carry out all duties

3) Appeal allowed

495

L95:D7

Ill-Health

Medical condition at time of leaving

1) Member dismissed for gross misconduct

2) Deferred subsequently paid on ill health grounds

3) Medical concluded medical condition existed

4) Appeal allowed – ill-health with enhancements

518

L95:D7

Ill-Health

Medical condition at time of leaving

1) Employment terminated–deferred benefits awarded

2) Deferred benefits paid early on ill-health grounds

3) Medical concluded condition existed on leaving

4) Appeal allowed – ill-health with enhancements

519

L86:E2

Ill-Health

Medical condition at time of leaving

1) Termination on voluntary severance age 50 plus

2) Ill-health not pursued by employer

3) Appeal dismissed-termination not due to incapacity

523

L97:27

Ill-Health

Medical condition at time of leaving

1) Employment terminated on medical incapacity

2) Off work due to accident at work for over 2 yrs

3) Medical concluded injury permanent

4) Appeal allowed

528

L95:D7

Ill-Health

Medical condition at time of leaving

1) History of back pain

2) Employment terminated on capability grounds

3) Medical concluded not permanent

4) Appeal dismissed

529

L95:D7

Ill-Health

Medical condition at time of leaving

1) Employment ceased due to health problems

2) Medical advice inconclusive re permanence

3) Appeal dismissed

4) Council must seek further report and decide

708

L97:27

Ill-Health

Medical condition at time of leaving

1) No proof of permanent ill-health at time of leaving

2) Applied for early payment on health grounds

3) Benefits paid from date of certificate

4) Appeal part allowed – paid from date of medical

733

L86:E2

Ill-Health

Medical condition at time of leaving

1) Off work since being involved in accident

2) PSV licence revoked, employment terminated

3) Appeal dismissed – not proved permanent

739

L97:27

Ill-Health

Medical condition at time of leaving

1) Appointed person awarded payment of I/H benefits

2) Employer appealed against decision

3) Appeal dismissed- permanency proven on balance

749

L97:27

Ill-Health

Claimed for ill-health pension or early payment of DB

1) Employment terminated on redundancy grounds

2) Appeal dismissed not terminated on ill-health

3) Council to reconsider application for early payment

754

L97:27

Ill-Health

Member applied for early retirement on ill-health

1) Council refused ill-health retirement

2) Member still employed

3) Appeal dismissed – no entitlement whilst in post

757

L97:27

Ill-Health

Responsibility for obtaining medical certificate

1) Employer appeal against A. P. decision

2) Employer had not obtained certificate

3) Appeal dismissed–employer must obtain certificate

783

L97:27

Ill-Health

Medical condition at time of leaving

1) Member claimed injury at work led to retirement

2) Appeal allowed – ill-health and injury award

545

L86:E2

Ill-Health

Medical condition at time of leaving

1) Contract terminated on grounds of capability

2) Member claimed back injury caused at work

3) Appeal allowed – injury permanent

551

L86:E2

Ill-Health

Medical condition at time of leaving

1) Employment terminated due to TUPE type transfer

2) Medical indicated ill-health at that time

3) Appeal part allowed – ill-health benefits payable

No injury allowance as termination not on health reasons

558

L95:D7

Ill-Health

Appointed Person awarded payment of ill-health benefits

1) Employed as bus driver involved in serious accident

2) Dismissed because of involvement in accident

3) Appeal pt allowed – not entitled to I/H benefits

4) However entitled to early payment of deferred bens

567

L97:31

Ill-Health

Medical condition at time of leaving

1) Employment as home help terminated

2) Suffering from viral fatigue syndrome

3) Appeal allowed – on balance of probabilities

574

L86:D7

Ill-Health

Medical condition at time of leaving

1) Member resigned whilst on sick leave

2) Deferred benefits paid early 15 months later

3) Appeal dismissed – no conclusive evidence

587

L86:E2

Ill-Health

Medical condition at time of leaving

1) History of psychological problems

2) Condition not proven permanent

3) Appeal dismissed

624

L97:27

Ill-Health

Medical condition at time of leaving

1) Member suffering from post viral fatigue syndrome

2) Not considered permanent, retired on efficiency

3) Appeal dismissed

661

L95:D7

Ill-Health

Council appeal against Appointed Person’s decision

1) Council refused ill-health retirement

2) Appointed Person awarded ill-health benefits

3) Ill-health not proven - Council must reconsider

838

L97:97

Ill-Health

Medical condition at time of TUPE transfer

1) Ill-health retirement under consideration

2) Not resolved by time of TUPE transfer

3) Appeal dismissed – employment not ceased

839

L97:27

Ill-Health

Medical condition at time of redundancy retirement

1) Member asked to be considered for I/H retirement

2) Council confirmed redundancy.

3) Council had rejected I/H without certificate

4) Council must reconsider in proper fashion

840

L97:27

Ill-Health

Appointed Person concluded need for medical

1) Employment terminated on incapability, no I/H

2) Employer had not obtained medical advice

3) Employer must reconsider in proper fashion

841

L97:27

Ill-Health

Council appealed against Appointed Person’s decision

1) Ill-health retirement refused by employer

2) Appointed Person awarded ill-health benefits

3) Appeal allowed - based on A.P’s medical

845

L97:27

Ill-Health Enhancement

Reduced enhancement due to part-time service

1) Calendar service 15yrs 234dys

2) Reckonable service 11yrs 41dys

3) Enhancement 6yrs 243dys not service to 20yrs

4) Appeal dismissed

321

L86:Scd9

Ill-Health Enhancement

Calculation of ill-health enhancement

1) Claimed transferred in service should not count

2) Appeal dismissed

496

L95:D7

Ill-Health Enhancement

Council reduced benefits as wrong enhancement given

1) Member had 19 yrs 189 dys scheme membership

2) 16 yrs 41 dys purchased or personal pension credit

3) Appeal dismissed–under 5 yrs total membership

636

L95:D7

Ill-Health Enhancement

Ill-Health Enhancement

Employer appealed against A.P. decision

1) Mix of W/T & P/T , W/T between 10 & 13 years

2) A.P. awarded enhancement to 20 years

3) Appeal dismissed,p/t cannot decrease entitlement

854

L97:28

Ill-Health Procedure

Medical condition at time of leaving

1) Employed as refuse operative, conflicting medicals

2) Employment terminated on incapacity grounds

3) Case referred back, decision not taken properly

855

L97:27

Ill-Health/Injury

Injury caused by Assault (subsequent deterioration)

1) Medical Exam concluded permanent ill-health

2) Injury contributory factor

3) Ill-health and injury award payable

211

L95:E.2/L.3

Ill-Health/Injury

Medical condition at time of leaving

1) Back injury at work further injury after leaving

2) 1st injury not permanent 2nd permanent

3) Deferred benefits payable early

229

L86:E2

Inaccurate Calculation Income Tax

Not binding on DoE

LGSS 259

 

Inaccurate Calculation Income Tax

Children’s pensions relief on tax on employee’s voluntary contributions

LGSS 35, LGSS 21

 

Inaccurate Calculation Income Tax

Tax equivalent and the value of cars

LGSS 264

 

Increase in Pay

Not receiving an increase in pay does not constitute a reduction for (1974) Reg L11

LGSS 212

 

Increase in Pay

Temporary, effect of upon cessation

LGSS 216

 

Increases in Reckonable Service

Election

LGSS 102

 

Increases in Reckonable Service

Further education

LGSS 91

 

Increases in Reckonable Service

Ill health

LGSS 77

 

Increases in Reckonable Service

Provisional application

LGSS 39, LGSS 102

 

Independent medical practitioner

Member applied for early payment of preserved benefits

1) Application refused after medical advise

2) Medical advisor not qualified

3) Must refer to appropriately qualified adviser

738

L97:97

Indirect Service

Upgrading

LGSS 78

 

Injury Allowance

With refund of contributions

LGSS 37

 

Injury Allowance

Delay due to medical evidence

LGSS 248

 

Injury Allowance

Casual connection

LGSS 248

 

Injury Allowance

Staff canteen – attendance not a “requirement” of the job

LGSS 299, LGP 4

 

Injury Allowance

State Retirement Pension to be included

LGSS 266

 

Injury Allowance

Failure to grant

LGP 3, LGP187, LGP188, LGP189, LGP190, LGP193, LGP194

 

Injury Allowance

Late application

LGP 5

 

Injury Allowance

Not employed in relevant employment

LGP 133

 

Injury Allowance

Reduction in remuneration

LGP 194, LGP195

 

Injury Allowance

Whether the result of an incapacity

LGP 6, LGP 10, LGP 192

 

Injury Allowance

Whether the Secretary of State can decide amount

LGP 191

 

Injury Allowance

To cover loss of remuneration

1) No accident form completed at time of incident

2) Subsequent exam unable to prove injury

3) Appeal dismissed

215

L86:L4

Injury Allowance

Cause of illness

1) Ill-health paid due to depressive disorder

2) Linked to discovery of asbestos in workplace

3) Appeal allowed

236

L86:L3

Injury Allowance

Stress related to incident at work

1) Medical exam concluded stress related to injury

2) Appeal allowed (injury allowance payable under L3)

3) Also payable in respect of reduced remuneration

247

L86:L4

Injury Allowance

Permanent ill-health caused by injury

1) Incapacity caused by injury

2) Appeal allowed

302

L86:L2/L3

Injury Allowance

Ill-health caused by accident at work

1) Retirement on ill-health grounds

2) Accident form completed

3) Medical concluded ill-health a result of accident

4) Appeal allowed

311

L86:L3

Injury Allowance

Employment terminated by redundancy

1) Injury award only considered in cases of incapacity

2) Appeal dismissed

345

L86:L3

Injury Allowance

Back injury at work due to accident

1) Excepted early retirement under reorganisation

2) Appeal dismissed – termination not due to ill-health

353

L86:L3

Injury Allowance

Sustained injuries whilst in charge of council vehicle

1) Termination stated as end of temp contract

2) Unable to prove employment ended by incapacity

3) Appeal dismissed

423

L96:34

Injury Allowance

Move to lower paid job due to stress of work

1) Claimed stress due to harassment and bullying

2) Accepted that harassment and bullying took place

3) Appeal dismissed – not injury as result of duties

469

L86:L4

Injury Allowance

Change of work conditions caused health break down

1) Registered disable on appointment

2) Unable to carry out new duties-ill-health retirement

3) Appeal dismissed

479

L95:34

Injury Allowance

Depressive illness due to work

1) Medical concluded stress of reorganisation

2) Significantly contributed to illness

3) Appeal allowed –entitled to an allowance

490

L96:34

Injury Allowance

Ill-health retirement due injury at work

1) Off work since date of incident

2) Medical concluded ill-health partly due to injury

3) Appeal allowed

502

L96:34

Injury Allowance

Knee injury do to accident at work

1) Employment terminated on redundancy grounds

2) Deferred benefit paid early on ill-health

3) Appeal dismissed–termination not due to ill-health

508

L86:L3

Injury Allowance

Medical condition aggravated by injury

1) Off work since accident, subsequent ill-health

2) Medical concluded incapacity part due to injury

3) Appeal allowed

516

L96:34

Injury Allowance

Entitlement to allowance in respect of accident at work

1) Termination on voluntary severance (see case 523)

2) Injury allowance only payable on incapacity

3) Appeal dismissed

524

L96:34

Injury Allowance

Member claimed loss of remuneration was work related

1) Reduction in remuneration due to sick pay ending

2) Claim that sickness due to work related stress

3) S of S view is no compelling evidence

4) Council ordered to reconsider in proper fashion

710

L96:35

Injury Allowance

Accident at work led to ill-health retirement

1) Retired on ill-health grounds

2) No evidence accident cause of ill-health retirement

3) Appeal dismissed

711

L96:34

Injury Allowance

Claim for payment of injury allowance

1) No formal application submitted to employer

2) Member told to apply to employer first

718

L96:34

Injury Allowance

Motor accident led to ill-health retirement

1) History of medical problems

2) Accident did not exacerbate underlying problem

3) Appeal dismissed

722

L96:34

Injury Allowance

Claim that ill-health due to “bad management”

1) Claim that employer had not looked at all evidence

2) No reasons given for decision

3) Employer must reconsider their decision

734

L96:34

Injury Allowance

Claim that “harassment at work” caused illness

1) Agreed that harassment & bullying took place

2) Appeal dismissed

3) Work environment condition not same as injury

735

L96:34

Injury Allowance

Member sustained injury to hand and arm at work

1) Council rejected application for following reasons

2) Not member of LGPS

3) Injury due to accident, no negligence on employer

4) Council must reconsider, failed to consider properly

756

L96:34

L96:35

Injury Allowance

Member claimed injury factor in ill-health retirement

1) Employment terminated permanent ill-health

2) Employer stated injury not contributing factor

3) Appeal allowed – on balance of probabilities

763

L96:34

Injury Allowance

Member claimed injuries factor in ill-health retirement

1) Back injury as result of number of incidents

2) Application refused- unable to supply details

3) Council ordered to reconsider application

766

L96:34

Injury Allowance

Member claimed injury due to suspension from work

1) Suspension from work caused psychological injury

2) Employer claimed didn’t count as injury at work

3) Appeal allowed

544

L86:L2

Injury Allowance

Psychological state due to work

1) History of anxiety and panic attacks

2) Retired on ill-health grounds

3) Appeal dismissed – no conclusive evidence

552

L96:34

Injury Allowance

Ill-health retirement due to injury at work

1) Member assaulted whilst on duty

2) Council claimed ill-health not do to assault

3) Appeal dismissed

556

L96:34

Injury Allowance

Claim that injury resulted in retirement on ill-health

1) Broke ankle whilst at work developed ostcoarthritis

2) Council refused to pay injury allowance with I/H

3) Appeal allowed – council must decide amount

586

L96:34

Injury Allowance

Injury due to assault at work

1) Ill-health retirement after extended sick leave

2) Council claimed injury not cause of ill-health

3) Appeal allowed – ill-health partly due to injury

589

L96:34

Injury Allowance

Claim that ill-health retirement work related

1) Retired on ill-health grounds

2) History of anxiety/depression

3) Appeal dismissed – illness not solely result of work

606

L96:34

Injury Allowance

Claim that ill-health retirement work related

1) Retired on ill-health grounds

2) Conflicting medical advice, repetitive strain injury

3) Appeal allowed – on balance of probabilities

608

L86:L2

Injury Allowance

Member claimed ill-health retirement due work injury

1) Member suffered back injury in accident at work

2) History of back problems

3) Appeal dismissed - exacerbated existing condition

619

L96:34

Injury Allowance

Member claimed ill-health retirement due to work injury

1) Agreed that member had accident at work

2) No conclusive medical evidence

3) Appeal dismissed – onus on member to prove

620

L96:34

Injury Allowance

Claimed that injury cause of ill-health retirement

1) Injured knee in fall at work

2) Employer considered this exacerbated old injury

3) Appeal allowed – injury led to retirement

630

L96:34

Injury Allowance

Claim for injury allowance to cover loss of salary

1) Member claimed hand injury resulted in loss of pay

2) Conflicting evidence as to accident

3) Appeal dismissed – accident not proven

631

L96:35

Injury Allowance

Claim that injury cause of ill-health retirement

1) Injured back in accident at work

2) Injury exacerbated existing condition

3) Appeal dismissed

632

L96:34

Injury Allowance

Claimed injury lead to loss of salary

1) Member suffering from tenosynovitis

2) Loss of pay due to sick pay ending

3) Appeal allowed

633

L96:35

Injury Allowance

Claimed that injury cause of ill-health retirement

1) Member injured back in accident at work

2) Subsequently off sick until ill-health retirement

3) Appeal allowed

634

L96:34

Injury Allowance

Claimed that injury cause of ill-health retirement

1) History of anxiety and depression

2) No evidence of specific injury or accident

3) Appeal dismissed

635

L96:34

Injury Allowance

Claimed that injury was cause of termination on ill-health

1) Evidence of rheumatoid disease

2) Medical view disease not caused by work

3) Appeal dismissed

662

L96:34

Injury Allowance

Claimed that injury was cause of ill-health retirement

1) Sustained injuries to head as result of being kicked

2) Retired due to shoulder, neck and arm pain

3) Appeal allowed – injury did cause the incapacity

663

L96:34

Injury Allowance

Claimed that injury was cause of ill-health retirement

1) Injury to head as result of accident

2) Retired due to tinnitus and vertigo

3) Appeal dismissed – link not proven

664

L96:34

Injury Allowance

Claim that injury was cause of ill-health retirement

1) Ill-health retirement due to reactive depression

2) Claim that depression was work related

3) Appeal dismissed – no proof of work related

676

L96:34

Injury Allowance

Ill-health pension paid due to permanent ill-health

1) History of ill-health

2) Appeal dismissed – accidents not cause of ill-health

443

L86:L2

Injury Allowance

Work conditions cause of ill-health

1) Retired on permanent ill-health (stress related)

2) Claim that illness due to work environment

3) Appeal dismissed – no conclusive evidence

689

L96:34

Injury Allowance

Employer refused application for injury award

1) No reasons given for refusal (reg 45(4) & (5))

2) Council must reconsider in proper fashion

3) Council had contravened regulation 45

700

L95:33

Injury Allowance

Claim that ill-health due to injury at work

1) Ill-health retirement – history of repetitive strain

2) Various medical no link to accident at work

3) Appeal dismissed

703

L96:34

Injury Allowance

Application for injury award not determined

1) Council deemed that they cannot determine

2) Council informed that 45(1) requires a decision

3) Council subsequently agreed to injury award

707

L96:34

Inland Revenue Rules

Irrelevant

LGSS 265, LGSS 301

 

Interchange Rules (see transfer values)

Overseas employment

LGSS 41

 

Interchange Rules (see transfer values)

NHS service

LGSS179

 

Interchange Rules (see transfer values)

Transfer of benefits

LGSS 149

 

Interest

When payable for refunding contributions

LGSS 242

 

Interest

Following termination of a short term contract

LGSS 313

 

Interest

Payable when benefit became payable before 1 April 1989

LGSS 314

 

Interest

Not payable on delayed widower’s benefits

LGSS 330

 

Interest

Free loan: notional interest gain superannuable

LGSS 329

 

Interest

Free season ticket (superannuable)

LGSS 341

 

Interest

Refund of contributions

LGP 87

 

Interest

Benefits under paid, subsequently corrected

1)Retired 1987, underpayment made 1997

2)Appeal dismissed – interest calculated correctly

367

L95:H1

Interest

Date that interest should be calculated to

1) Member claimed interest due to date cheque cleared

2) Due date to date of payment – H1(1)

3) Appeal dismissed–no definition of date of payment

Interest

405

L95:H1

Interest

Appointed Person awarded interest to be compound

1) Interest awarded by Pension Ombudsman

2) Regs do not specifically set out how calculated

3) Appeal dismissed

834

L95:H1

Interest Payable

Payable on Gratuity

1) Gratuity payable under 1986 regs

2) 1986 Regs no power to pay interest

207

L86:Part K

Interest Payable

C.8 contributions paid by single man subsequently refunded

1) Appeal dismissed (no provision in 1986 regs)

254

L86:C8

Interest Payable

Request for Secretary of State to decide amount of interest

1) Reg H1 prescribes circumstances of interest payable

2) For council to decide in first instance

299

L95:H1

Interfund Adjustments

Part-time service

LGSS 22

 

Interfund Adjustments

Retrospective increase in remuneration

LGSS 66

 

Interfund Adjustments

Bonuses

LGSS 127

 

International Transfers (1974) J14 (H3)

Power under J2

LGSS 327

 

International Transfers (1974) J14 (H3)

No discretionary power to enhance pensionable remuneration

LGSS 232