{
  "url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-26",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-26.json",
  "legislation": "uksi/1998/366",
  "legislation_title": "The Local Government Pension Scheme (Scotland) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998",
  "path": "regulation/26",
  "kind": "regulation",
  "number": "26",
  "heading": "Ill-health",
  "text": "(1) Where a member leaves a local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body, he is entitled to an ill-health pension and grant (but see paragraph (3)).\n(2) The pension and grant are payable immediately.\n(3) A member–\n(a) whose total membership is at least one year, but less than two years; and\n(b) to whom no transfer value is credited,\nis entitled to an ill-health grant (but not a pension), unless paragraph (4) applies to him.\n(4) This paragraph applies to a member if–\n(a) he is entitled to any payment out of the appropriate fund (other than an injury allowance under regulation 7 of the Benefits Regulations or return of contributions);\n(b) he has received any payment under Part VI of the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998; or\n(c) he would receive at least as much as the grant if his contributions were returned to him.",
  "extent": "E+W+S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 26 in force at 1.4.1998, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/192."
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "uksi/1998/366",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Regulations 1998"
    },
    {
      "type": "amended",
      "affecting": "ssi/2000/199",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Amendment Regulations 2000"
    },
    {
      "type": "subst",
      "affecting": "ssi/2005/293",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Amendment Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/366/regulation/26",
    "retrieved_at": "2026-10-29T11:37:18.437535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}