Paragraph 39 Entitlement to payment of total incapacity pension

England and Wales

(1)

Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of F1the existing scheme regulations.

(2)

P may receive payment of total incapacity benefits under the existing scheme regulations if—

(a)

before P's transition date, P makes an application under regulation 65 of the existing scheme regulations which is not determined by the transition date;

(b)

P's application is successfully determined after the transition date; and

(c)

P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 39 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 39