Automatic Enrolment Retirement Savings System Act 2024 section 85

Application for early payment on grounds of incapacity or exceptional ill-health

Section 85 allows participants to apply for early access to their retirement savings before pensionable age on the grounds of incapacity or exceptional ill-health.

• A participant may apply to the Authority for early access to their balance if they have retired through incapacity or are in exceptional circumstances of ill-health before reaching pensionable age.
• The Authority must grant the application where it is satisfied the grounds are met, or refuse and notify the participant in writing with reasons for the refusal.
• A participant whose application is refused is entitled to a review of that determination under section 114 of the Act.
• The Minister may prescribe what constitutes retirement through incapacity or exceptional ill-health, including situations where incapacity affects a person who is not currently employed or affects their earning capacity.