# The Teachers' Pensions Regulations 1997, Regulation E33: Payment of benefits


(1) Benefits under this Part are payable by the Secretary of State.
(2) No benefit is to be paid unless a written application for payment has been made and paragraph (3), if applicable, has been complied with.
(3) If the Secretary of State notifies him in writing that he so requires, the applicant is to provide any relevant information specified by the Secretary of State that is in his possession or that he can reasonably be expected to obtain.
(4) Subject to paragraphs (6) to (9), a benefit that does not consist of a single payment is to be paid monthly—
(a) in the case of a family benefit, on the 28th of the month, and
(b) in any other case, on the day before the birth date of the person entitled to payment,
and the first payment under this paragraph is to be made on the first date referred to in sub-paragraph (a) or (b) which falls at least one month after the person’s entitlement to benefit took effect.
(5) If a person was born on the 1st of a month, his birth date in any month is the 1st, and so on; in any month in which the date arrived at in that way does not occur, his birth date is the last day of the month.
(6) If—
(a) the person’s entitlement to payment of the benefit took effect, or
(b) the benefit ceases to be payable,
on the day other than the day following the one specified in paragraph (4) (the “due date”), a proportionate payment is to be made for the relevant period as soon as practicable after the material date.
(7) The relevant period is—
(a) where paragraph (6)(a) applies, the period beginning on the day on which the entitlement took effect and ending with the material date, and
(b) where paragraph (6)(b) applies, the period beginning on the day following the last due date before the benefit ceased to be payable and ending with the material date.
(8) The material date is—
(a) where paragraph (6)(a) applies, the due date immediately following the date on which the person’s entitlement to benefit took effect, and
(b) where paragraph (6)(b) applies, the day before the benefit ceased to be payable.
(9) A proportionate payment is a payment of
A12×BC where—
A is the annual rate of the benefit,
B is the number of days in the relevant period, and
C is the number of days in the month ending with the material date.
(10) The Apportionment Act 1870 (being inconsistent with paragraphs (4) to (9)) is to be taken not to have effect in relation to benefits under this Part.
(11) If the person entitled to payment of a benefit has not attained the age of 18, or is incapable by reason of infirmity of mind or body of managing his affairs, the Secretary of State may—
(a) pay it to any person having the care of the person entitled, or
(b) apply it as he thinks fit for the benefit of the person entitled or his dependants.

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Source: https://www.legislation.gov.uk/uksi/1997/3001/regulation/E33 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-1997/regulation-E33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.