# The Local Government Pension Scheme (Scotland) Regulations 1998, Regulation 26: Ill-health

Extent: E+W+S
Status: prospective

(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)).
(2) The pension and grant are payable immediately.
(3) A member–
(a) whose total membership is at least one year, but less than two years; and
(b) to whom no transfer value is credited,
is entitled to an ill-health grant (but not a pension), unless paragraph (4) applies to him.
(4) This paragraph applies to a member if–
(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);
(b) he has received any payment under Part VI of the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998; or
(c) he would receive at least as much as the grant if his contributions were returned to him.

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Source: https://www.legislation.gov.uk/uksi/1998/366/regulation/26 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.