'Permanently incapacitated' - MOD definition?

#1
I queried this erroneously in medical chat and Snail rightly kicked my arrse here, so apologies to anyone suffering deja vu.

I'm trying to assist a colleague who was medically discharged some time ago, and for anyone who has been required to complete an AFPenFm8 they'll be familiar with pension payment requests. It's a Veterans UK issue, but they have not been of any assistance in this case. My question, however is to the term 'permanently incapacitated', which features at the top of page 1 of the form, however it does not appear anywhere else on the form, nor in any of the pension bookets I've read. The problem is, as with many of these MOD conundrums, quite often specific terms are applied and invariably you'll find a lexicon or descriptor for the term written in associated guidance leaflets or policy document.

So, 'permanently incacitated' any ideas and if so, is there any MOD reference document defining the term?

The phrase is certainly utilised, but only in regard to AFPS '75 and in this regard it would also be relevant to the FTRS 97 scheme, which in both cases was revised by the 1988 changes requiring 2 yrs min rather than 5 yrs service, I don't believe it appears under the 05 or 15 ill health rules.

In effect, under the '75 rules the "incapacity" is only required to persist until age 60 when the scheme falls due anyway. There have been a few Pension Ombudsman interpretations, but the 'permanently incapacited' phrase remains elusive in terms of definition within MOD papers, which is disconcerting, as GP's and/or specialists might refer to a condition 'persisting' or 'physical/mental function being routinely affected', which leaves the MOD room to duck and dive!

Even conditions resulting in an award of 'Incapacity Benefit' from DWP are not considered permanently incapacitated, which is a bit of a bugger.
https://www.pensions-ombudsman.org.uk/wp-content/uploads/n00024.doc
 
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#3
there you go, chapter and verse:

D.17 Early payment of benefits: deferred members with permanent serious ill-health

(1) A deferred member is entitled to immediate payment of a pension and a lump sum before reaching pension benefit age if—

  1. (a) in the opinion of the Defence Council the member has suffered a permanent breakdown in health involving incapacity for any full-time employment;

  2. (b) the Defence Council has received evidence from a registered medical practitioner that the member is (and will continue to be) incapable of carrying on any occupation because of physical or mental impairment; and

  3. (c) the member makes a claim for immediate early payment of the pension and lump sum under this rule to the Scheme administrator.
(2) The amount of the annual pension payable under this rule is equal to the amount to which the member would have been entitled under rule D.7.

(3) The amount of the lump sum payable under this rule is the amount of the annual pension so payable multiplied by 3.

(4) For the purpose of this rule and rule D.25—

  1. (a) a member’s breakdown in health is “permanent” if, in the opinion of the Defence Council it will continue at least until the member reaches pension benefit age; and

  2. (b) a member’s breakdown in health involves incapacity for any full-time employment if, in the opinion of the Defence Council, as a result of the breakdown the member is, and at least until pension benefit age will be, incapable of any gainful full-time employment.
 

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