Department for Education v Molyneux – WLR daily

Posted March 1st, 2012 in appeals, evidence, law reports, medical records, pensions, teachers by tracey

Department for Education v Molyneux: [2012] EWCA Civ 193;  [2012] WLR (D)  50

“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”

WLR Daily, 28th February 2012