(1)  In this regulation –

interim invalidity means incapacity or infirmity of such a kind, that the Board is satisfied that a 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 or amalgamated contributor, means infirmity or incapacity suffered by the contributor of such a kind that the Board –

(a) is satisfied, by reason of his or her suffering from that infirmity or incapacity, 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 his or her 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 means ill-health, whether physical or mental, where the Board is reasonably satisfied that a person is unlikely, owing to ill-health, 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 Board in a form approved by the Board.

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

(a) total and permanent incapacity; or

(b) in the case of an existing contributor or an amalgamated contributor, partial and permanent incapacity; or

(c) interim invalidity.

(4)  Where an application has been received from a contributor for an invalidity benefit, the Board may, subject to regulation 123 , make a determination in respect of that contributor's eligibility for an invalidity benefit only while that contributor remains in the employment of an Agency.

(5)  The Board must periodically determine whether an invalidity pensioner under the age of 65 years is eligible to continue to receive the whole or part of his or her invalidity pension.

(6)  When making a determination under subregulation (5) as to whether an interim invalidity pensioner is eligible to continue to receive the whole or part of his or her interim invalidity pension, the Board must also determine whether that contributor is suffering from –

(a) total and permanent incapacity; or

(b) partial and permanent incapacity, in the case of an existing contributor or an amalgamated contributor.

(7)  If the Board has received an application for the early release of a preserved benefit on the ground of total and permanent incapacity from a person who has a preserved benefit under these regulations, the Board is to determine whether that person is suffering from total and permanent incapacity.

(8)  In making a determination under this regulation, the Board is to have regard to –

(a) any medical or other evidence obtained by the Board, which must include a medical report in respect of the relevant person, prepared during the preceding period of 6 months, by a legally qualified medical practitioner appointed or employed by the Board; and

(b) any medical or other evidence provided by, or on behalf of, the relevant person.

(9)  Where the Board has made a final decision in accordance with regulation 126 , in respect of an application for an invalidity benefit, the Board must notify its decision in writing to the Head of the Agency in which the contributor is employed.

(10)  A contributor who was in receipt of an interim invalidity pension which has expired, may be entitled to a further interim invalidity pension at such time, and in such circumstances, as the Board may determine.