Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p25
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 25/48)
Character Range: 91590–94158

pension is payable to him or her in accordance with rule 27 or 28, as the case may be.
Subdivision C—Invalidity Benefits Not Payable
Person classified as Class C
31. A person who is classified as Class C is not entitled to invalidity benefits under this Division.
Pre‑existing condition
32. (1) Where:
     (a) a member is, within a period of 2 years after becoming a member, retired on the ground of invalidity; and
     (b) CSC is satisfied that:
          (i) the invalidity was caused, or was substantially contributed to, by a physical or mental condition that existed at the time when he or she became a member; and
          (ii) the condition was not materially aggravated by his or her service after becoming a member;
the person is not entitled to invalidity benefits under this Division.
(2) Where:
     (a) a person who has retired again becomes a member after a break in the continuity of his or her service; and
     (b) he or she is not a person who again became a member pursuant to the Parliamentary Candidates Act; and
     (c) he or she is subsequently retired on the ground of invalidity;
the person is, for the purposes of subrule (1), treated as if he or she had first become a member at the time when he or she again became a member.
Invalidity due to intentional act
33. (1) Where:
     (a) a member is retired on the ground of invalidity; and
     (b) CSC is satisfied that the invalidity was due to an intentional act on his or her part for the purpose of obtaining invalidity benefits under this Division;
he or she is not entitled to invalidity benefits under this Division.
(2) Subrule (1) does not apply in a case where CSC is of the opinion:
     (a) that the condition which formed the ground on which the person was retired was not wholly due to the intentional act of the person; or
     (b) that the action of the person was caused by his or her physical or mental condition.
Invalidity arising during absence without leave exceeding 21 days
34. (1) Where:
     (a) a member is retired on the ground of invalidity; and
     (b) CSC is satisfied that the invalidity was caused, or was substantially contributed to, by an occurrence that happened at a time when he or she was absent without leave and had been so absent for a period exceeding 21 consecutive days; and
     (c) the salary and allowances of the member in respect of the period were forfeited under regulations made under the Defence Act 1903 and an amount equal to the amount of the salary and allowances so forfeited was not subsequently paid, and is not payable, under