# The Teachers’ Pension Scheme (Scotland) Amendment Regulations 2015, Regulation 37: Paragraph 28 of Schedule 3 (entitlement to payment of total incapacity pension)

Extent: S

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.
(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.”.

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Source: https://www.legislation.gov.uk/ssi/2015/97/regulation/37 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-scotland-amendment-regulations-2015/regulation-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.