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‘Permanently incapable of current job’ - definition

3 replies

CFsEverywhere · 08/09/2021 18:15

Hello. Am hoping someone is able to shed some light on criteria for local government ill health.

I have been off sick for almost a year. Occy health report states I could potentially return, at some unspecified time, to my current role, but only on 2.5 days per week. Also suggested redeployment as a more realistic option, again 2.5 days rather than full time.

No realistic prospect of any real improvement to health.

Does this mean I am permanently incapable for my current role or not? Have rang pension provider but they are unable to advise, said they are notified of decision by employer in due course.

Thanks

OP posts:
TakeYourFinalPosition · 08/09/2021 18:22

Not where I’ve worked - they’d interpret that as Occupational Health saying you can return part time to your duties at some point. I think it’d be difficult to argue that you’re permanently incapable if they think a part time return is possible, even if your work wouldn’t consider part time.

But it’s probably going to be down to individual interpretation, and hopefully your council will see it how you want them to.

ChessieFL · 08/09/2021 18:57

To qualify for ill health retirement, your employer has to determine that you are permanently incapable of doing your job. Permanently incapable means that you won’t be able to do it before state pension age. So if you’re 40, and you might recover enough in 10 years time to do your job, that would t be permanently incapable. They also have to determine that you have a reduced likelihood of undertaking any other gainful employment. Before making this decision the employer needs to get a certificate from an Independent Registered Medical Practitioner, who will give their opinion about whether you are permanently incapable, but the final decision is your employer’s based on all the medical evidence.

CFsEverywhere · 08/09/2021 19:05

Thank you both for responding.

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