Paragraph 34 Entitlement to payment of total incapacity pension

(1)

Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation E8A of the Superannuation Regulations.

(2)

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

(a)

before P's transition date, P makes an application under regulation E8A of the Superannuation 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 for payment of total incapacity benefits.