Cap. 318 Art. 26Pensions in respect of invalidity.

(1) Subject to the provisions of this Act, a person shall be entitled to an Invalidity Pension or Increased Invalidity Pension or

National Minimum Pension in terms of article 50 or to the

Guaranteed National Minimum Pension in terms of article 50A, as the case may be, at one of the rates specified in the Twelfth

Schedule if:

(a) such person has been incapable, in accordance with this Act, for suitable full-time or regular part-time employment or self-occupation by reason of a serious disease or bodily or mental impairment (other than mild mental disorder or disturbance) for not less than six months immediately before his claim or where such person is not entitled to a benefit payable in terms of article 18, for such shorter period immediately before such claim as the Director may determine; and

(b) his incapacity as aforesaid is considered by the Director, acting upon the advice of one or more persons holding the warrant to practise the medical profession appointed by the Minister for the purpose of advising on such cases in accordance with article 106, to be of a permanent nature or, if its permanency cannot be conclusively established, is considered by the Director after consultation as provided for in article 106, as prohibiting such person from suitable full-time or regular part-time employment or self-occupation for not less than one year from the date of claim for such pension and such person shall only be entitled to receive a pension under this article for such number of years as the Director may determine; and

(c) before his incapacity as aforesaid, he has been continuously in full-time or regular part-time employment or self-occupation for a period of not less than twelve months, or he was subsequently registered in the Register kept in accordance with the provisions of the Employment and Training Services Act, such person was so registered for a period of not less than twelve months; and

(d) on the day immediately preceding his claim for a pension in respect of invalidity, such person satisfies the relevant contribution conditionsas specified in article 17, sohowever that with effect from 1st January 2018, a person who is certified as terminally-ill as provided in article 2, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance to the provisions of the Twelfth Schedule to this Act, provided the contribution conditions as provided in article 17, are satisfied: th Provided that, with effect from 6 January 2020, a person who is awarded the highest impairment rating, as per Impairment Tables Regulations, by the medical panel appointed under article 106, shall be entitled to a rate equivalent to the rate of the Increased Severe Disability Assistance, as specified in Part III of the Sixth Schedule, provided that the contribution conditions are specified in article 17, are satisfied and such person has a contribution average of not less than fifty (50):

Provided further that with effect from 3rd January 2026, a person who is awarded the highest impairment rating, in accordance with the Impairment Tables Regulations by the medical panel appointed under article 106, shall be entitled to a rate equivalent to the two thirds pension in accordance with the contribution conditions as referred to in the provisions of this Act and if the entitlement is more advantageous:

Provided further that, in case of a person who has a contribution average of less than fifty (50), a pro-rata payment may be awarded as specified in item E of the Twelfth Schedule:

Provided further that, with effect from 1st Janaury 2024, in the case of a person who is certified to be suffering from mental health and if the person who is suffering from such a condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three (3) years and that, within the three (3) months immediately prior to his claim, his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition, and the contribution conditions as provided in article 17 are satisfied, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule:

Provided further that with effect from 1st January 2026, in the case of a person who is certified to be suffering from the bi-polar condition, depression by psychosis or acute depression, and if the person who is suffering from such a condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three (3) years and that, within the three (3) months immediately prior to his claim, his condition had been evaluated by a psychiatrist who is, or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such condition, and the contribution conditions as provided in article 17 are satisfied, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule and may participate in insurable employment on part-time basis as advised by the psychiatrist and confirmed by the medical panel appointed in accordance with article 106.

(2) Where a person is entitled to a Service Pension -

(i) with effect from the first Saturday of January, 1992, if his Service Pension and the rate of Invalidity Pension applicable in his case together exceed two-thirds of his pensionable income, such a person shall be entitled to an Invalidity Pension; or

(ii) if his Service Pension and the rate of Invalidity Pension applicable in his case together do not exceed two-thirds of his pensionable income, such a person shall be entitled to an Increased Invalidity Pension or such part thereof as shall ensure that the aforementioned two-thirds are not exceeded; or

(iii) if the date of first entry in insurable employment of such person falls on or after the 1st day of April, 1978, such person shall not be entitled to an Invalidity Pension but to an Increased Invalidity Pension or such part thereof as shall ensure that his Increased Invalidity Pension and Service Pension combined shall not exceed two-thirds of his pensionable income; or

(iv) if his Service Pension together with the rate of Invalidity Pension or Increased Invalidity Pension applicable in his case is less than the rate of the National Minimum Pension in terms of article 50 or the Guaranteed National Minimum Pension in terms of article 50A as is applicable in his case, then notwithstanding the provisions of the foregoing paragraphs of this sub-article, such person shall be entitled to the National Minimum Pension or the Guaranteed National Minimum Pension, as the case may be, abated by his Service Pension.

(3) For the purposes of sub-article (2), when a person has been in employment for less than thirty years in the aggregate prior to his becoming an invalid, the references to the proportion of two-thirds shall be substituted by references to the proportion that the number of completed months of service bears to 540. When however the proportion which the Service Pension of a person bears to his wage or salary and other pensionable emoluments immediately before his becoming an invalid is higher than the proportion computed as aforesaid, the references to the proportion of two-thirds shall be substituted by references to such higher proportion, but shall in no case be substituted by a proportion higher than two-thirds.

(4) Where any of the posts on which the pensionable income of a person is to be computed no longer exist, it shall be substituted by such analogous post in the Government service or in any parastatal organization which carried a wage or salary most nearly corresponding to that of the post in question at the time when it was last occupied by the pensioner.

(5) For the purposes of this article, in calculating the pensionable income referred to in sub-article (2)(i), (ii) and (iii), the provisions of article 58 shall also apply.

(6) A person born on or before the 31st December 1961 who is not entitled to a Service Pension shall be entitled under this article to a National Minimum Pension, the highest rate of which shall be equivalent to -

(a) in the case of a married person whose spouse is not in receipt of a social security pension, four-fifths, and

(b) in the case of any other person, two-thirds, of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which the pension is due.

(7) A person born on or after the 1st January 1962 who becomes invalid in terms of this Act and who is not entitled to a Service Pension shall be entitled to a Guaranteed National Minimum Pension in terms of article 50A.

(8) Any pension arrived at in accordance with the provisions of this article, shall, where the pensioner concerned or his wife, as the case may be, is an inmate of a state-owned hospital or institution in accordance with article 93, be apportioned in such form and manner as provided for in the said article 93.

(9) Any pension payable under this article shall be reassessed annually from the first Saturday of the year of the reassessment by substituting for the pensionable income the aggregate of such pensionable income and such other amount as indicated in paragraphs (i) or (ii), as the case may be, of article 59(3); and for this purpose the word "retirement" therein shall have the same meaning as the words "his becoming an invalid in terms of this Act".

(10) Save as provided for in article 110, a pension payable under this article shall be reviewed on the medical aspect every three years or earlier as the Director may determine.