Source: All England Reporter
Publisher Citation: [2012] All ER (D) 183 (Feb)
Neutral Citation: [2012] EWCA Civ 193
Court: Court of Appeal, Civil Division
Judge:

Sir Roger John Thomas P, Arden and Aikens LJJ
Representation Scott Redpath (instructed by Nyland & Beattie Solicitors) for the claimant.
  Elisa Holmes (instructed by the Treasury Solicitor) for the Department of Education.
Judgment Dates: 28 February 2012

Catchwords

Pension - Pension scheme - Maladministration of pension scheme - Teacher being refused ill-health retirement and appealing to Pensions Ombudsman - Ombudsman finding that decision flawed for maladministration on basis that Department responsible for gathering appropriate evidence on which to base decision - Department successfully appealing - Teacher appealing - Whether implied obligation on Department to request further medical evidence from applicant when evidence not having demonstrated incapacity to required degree - Teachers' Pensions Regulation 1997, , reg E33.

The Case

Pension Pension scheme. The Court of Appeal, Civil Division, in dismissing the applicant teacher's appeal, held that regE33(3) of the Teachers' Pensions Regulation 1997, (as amended), did not impose an implied obligation on the Secretary of State to request further medical evidence from an applicant who had applied for ill-health retirement benefit where that applicant had not demonstrated, on the evidence provided, incapacity to the degree required by regE33(2A).

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