{
  "url": "https://openlegislation.uk/teachers-pension-scheme-scotland-amendment-regulations-2015/regulation-37",
  "json_url": "https://openlegislation.uk/teachers-pension-scheme-scotland-amendment-regulations-2015/regulation-37.json",
  "legislation": "ssi/2015/97",
  "legislation_title": "The Teachers’ Pension Scheme (Scotland) Amendment Regulations 2015",
  "legislation_url": "https://openlegislation.uk/teachers-pension-scheme-scotland-amendment-regulations-2015",
  "path": "regulation/37",
  "kind": "regulation",
  "number": "37",
  "heading": "Paragraph 28 of Schedule 3 (entitlement to payment of total incapacity pension)",
  "text": "For paragraph 28 of Schedule 3, substitute—\n“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.\n(2) P may receive payment of total incapacity benefits under the 2005 Regulations if—\n(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;\n(b) P’s application is successfully determined after the transition date; and\n(c) P has not made a subsequent application under regulation 159 of these Regulations for payment of total incapacity benefits.”.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 37 in force at 1.4.2015, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation E10A was inserted by S.S.I. 2007/189 and amended by S.S.I. 2008/227."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/97/regulation/37",
    "retrieved_at": "2026-10-28T21:30:37.102980+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}