Hamilton v Monmouthshire County Council & anor

Hamilton v Monmouthshire County Council & anor

The Ombudsman correctly found that Mr Hamilton left employment because his fixed term contract expired, not due to ill health, precluding entitlement under regulation 27. Regulation 31 only allows benefits from the date of election or permanent incapacity, whichever is later, and does not permit back-dating to the onset of incapacity.

Parties
Appellant: Nicholas Hamilton; Respondent: Monmouthshire County Council; Respondent: Torfaen County Borough Council
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Local Government Pension Scheme, Ill Health Retirement, Early Payment of Deferred Benefits, Statutory Interpretation
Pensions Employment Local Government Pension Scheme Ill Health Retirement Early Payment of Deferred Benefits Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Nicholas Hamilton

Appellant

Monmouthshire County Council

Respondent

Torfaen County Borough Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Mr Hamilton was entitled to an ill health pension under regulation 27 of the Local Government Pension Scheme Regulations 1997
  2. 2 Whether benefits under regulation 31 can be back-dated to the date of incapacity rather than the date of election

Ratio Decidendi

The Ombudsman correctly found that Mr Hamilton left employment because his fixed term contract expired, not due to ill health, precluding entitlement under regulation 27. Regulation 31 only allows benefits from the date of election or permanent incapacity, whichever is later, and does not permit back-dating to the onset of incapacity.

Court Disposition

appeal dismissed