Paragraph 4

(1)

A person (P) does not fall within paragraph 3 if Condition A or Condition B applies.

(2)

Condition A applies if a death grant may be paid under regulation 83 (death grant: death in service) or 85 (death grant: death out of service) on P's death (because P dies before payment of an ill-health pension is initiated).

F1(2A)

But Condition A does not apply if—

(a)

D made an application to the Secretary of State before D’s death for retirement benefits on the basis that Case C, and no other case (apart from Case A), applied to D’s reckonable service;

(b)

at the same time that D made the application mentioned in paragraph (a), D made an application for commutation of the ill-health pension (and any total incapacity pension payable under regulation 65) under regulation 118 (commutation: serious ill health); and

(c)

following consideration of the applications mentioned in paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.

(3)

Condition B applies if—

(a)

a direction under section 142 of EA 2002 given on a ground mentioned in subsection (4)(a), (b) or (c) of that section has effect in respect of P,

(b)

the Secretary of State is considering giving such a direction in respect of P,

(c)

P is included, or is being considered for inclusion, in any of the lists mentioned in sub-paragraph (5), or

(d)

the General Teaching Council for England M1 or the General Teaching Council for Wales M2 F2or the Secretary of State has made, or the General Teaching Council for Wales or the Secretary of State makes, or is considering making, a prohibition order in relation to P on the grounds of unacceptable professional conduct or that P has been convicted of a relevant offence.

(4)

But Condition B does not apply if the Secretary of State determines that the only reason for the direction or the direction being considered, for including, or considering including, P in any of the lists; or for making, or considering making, a prohibition order is unrelated to P's culpable behaviour.

(5)

The lists are—

(a)

the children's barred list (established under section 2(1)(a) of SVGA 2006);

(b)

a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(2)(b) of SVGA 2006 as corresponding to the children's barred list;

(c)

the adults' barred list (established under section 2(1)(b) of SVGA 2006);

(d)

a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(3)(b) of SVGA 2006 as corresponding to the adults' barred list.

(6)

In this paragraph “prohibition order”, “relevant offence” and “unacceptable professional conduct” have the same meanings as in Schedule 2 to the Teaching and Higher Education Act 1998.

Annotations

Textual amendments

F1: Sch. 7 para. 4(2A) inserted (30.11.2017) by The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 7(b)
F2: Words in Sch. 7 para. 4(3)(d) inserted (1.4.2012) by The Teachers’ Pensions (Amendment) Regulations 2012 (S.I. 2012/673), regs. 1, 13

Marginal citations

M1: The General Teaching Council for England was established pursuant to section 1 of the Teaching and Higher Education Act 1998 (c.30).
M2: The General Teaching Council for Wales was established pursuant to section 8 of the Teaching and Higher Education Act 1998 and S.I. 1998/2940.