# Scottish Parliamentary Pensions Act 2009, Paragraph 49

Extent: S

A deferred pensioner is entitled to a deferred pensioner's ill-health pension if the Fund trustees are satisfied that the following conditions are met—
Condition 1
The deferred pensioner applies to the Fund trustees for a deferred pensioner's ill-health pension.
Condition 2
The deferred pensioner is under 65.
Condition 3
The deferred pensioner has stopped doing gainful work as a direct consequence of a health condition.
Condition 4
At the time of stopping work the deferred pensioner would be entitled to a scheme pension but for the fact that the deferred pensioner is not yet 65 years old.
Condition 5
The health condition prevents the deferred pensioner from doing gainful work.
Condition 6
The health condition is expected to be permanent and to continue to prevent the deferred pensioner from doing gainful work.
Condition 7
The application is accompanied by evidence that a doctor is satisfied that conditions 5 and 6 are met.

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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/49 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.