Paragraph 28 of Schedule 3 (entitlement to payment of total incapacity pension)

37.  For paragraph 28 of Schedule 3, substitute—

“28.— (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(1).

(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.”.

(1)

Regulation E10A was inserted by S.S.I. 2007/189 and amended by S.S.I. 2008/227.