(1)  In this regulation –

interim invalidity , in relation to a contributor, means incapacity or infirmity of such a kind that the Commission is satisfied that the 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, means infirmity or incapacity suffered by the contributor of such a kind that the Commission –

(a) is satisfied, by reason of the contributor's suffering from that infirmity or incapacity, that 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 the contributor 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 , in relation to a person, means ill-health, whether physical or mental, such that the Commission is reasonably satisfied that the person is unlikely 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 Commission in a form approved by the Commission.

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

(a) total and permanent incapacity; or

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

(c) interim invalidity.

(4)  If the Commission has received an application for an invalidity benefit from a contributor, the Commission –

(a) may require the contributor to submit to a medical examination for the purposes of making a determination in relation to the application; and

(b) may refuse to determine the application until the contributor submits to such an examination.

(5)  If an application has been received from a contributor for an invalidity benefit, the Commission may, subject to regulation 101 , 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.

(6)  The Commission must periodically determine whether an interim invalidity pensioner is eligible to continue to receive the whole or part of his or her interim invalidity pension.

(7)  When making a determination under subregulation (6) in relation to an interim invalidity pensioner, the Commission must also determine whether that pensioner is suffering from –

(a) total and permanent incapacity; or

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

(8)  If the Commission 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 Commission is to determine whether that person is suffering from total and permanent incapacity.

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

(a) at least one medical report, in respect of the relevant person's medical condition, prepared during the preceding period of 6 months by a medical practitioner appointed by the contributor; and

(b) any medical evidence and reports, prepared by medical practitioners who have been approved by the Commission, that the Commission thinks fit; and

(c) any other medical evidence, or other evidence, that the Commission thinks fit.

(10)  If the Commission has made a final decision in accordance with regulation 104 , in respect of an application for an invalidity benefit, the Commission must notify in writing the Head of the Agency in which the contributor is employed of his or her decision.

(11)  A contributor who was in receipt of an interim invalidity pension which has expired may be entitled to a further interim invalidity pension at the time, and in the circumstances, that the Commission may determine, if the contributor meets the requirements of these regulations.