Regulation 16 Insertion of new regulation 112A (when ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health))

After regulation 112 insert—

“When ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health)

112A.

An ill-health pension is taken to become payable before the death of a member (D) if—

(a)

before D’s death D made an ill-health application;

(b)

at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and

(c)

following consideration of the applications mentioned in sub-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.”