# The Teachers' Pension Scheme Regulations 2014, Paragraph 39: Entitlement to payment of total incapacity pension

Extent: E+W

(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 the 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.

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Source: https://www.legislation.gov.uk/uksi/2014/512/schedule/3/paragraph/39 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-regulations-2014/schedule-3/paragraph-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.