# The Teachers’ Pension Scheme (Scotland) ( No. 2) Regulations 2014, Paragraph 28: Entitlement to payment of total incapacity pension

Extent: S

(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/2014/292/schedule/3/paragraph/28 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-scotland-no-2-regulations-2014/schedule-3/paragraph-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.