# The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017, Regulation 17: Amendment to regulation 139 (death in service grant)


After regulation 139(2) insert—
“(2A) For the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable 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. ”.

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Source: https://www.legislation.gov.uk/uksi/2017/1084/regulation/17 (the official version)
Page: https://openlegislation.uk/teachers-pensions-schemes-miscellaneous-amendments-regulations-2017/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.