Regulation 37 Paragraph 28 of Schedule 3 (entitlement to payment of total incapacity pension)I1

For paragraph 28 of Schedule 3, substitute—

“28.

(1)

Save as provided in sub-paragraph (2), a transition member who becomes entitled to payment of a total incapacity pension under this scheme is not entitled to payment of a total incapacity pension under regulation E10A of the 2005 Regulations^f1.

(2)

P may receive payment of total incapacity benefits under the 2005 Regulations if—

(a)

before P’s transition date, P makes an application under regulation E10A of the 2005 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 159 of these Regulations for payment of total incapacity benefits.”.