PART IIPRIMARY PROVISIONS

CHAPTER IVBENEFITS

Retirement benefits

Ill-health26.

(1)

Where a member leaves a local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body, he is entitled to an ill-health pension and grant (but see paragraph (3)).

(2)

The pension and grant are payable immediately.

(3)

A member–

(a)

whose total membership is at least one year, but less than two years; and

(b)

to whom no transfer value is credited,

is entitled to an ill-health grant (but not a pension), unless paragraph (4) applies to him.

(4)

This paragraph applies to a member if–

(a)

he is entitled to any payment out of the appropriate fund (other than an injury allowance under regulation 7 of the Benefits Regulations or return of contributions);

(b)

he has received any payment under Part VI of the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 199815; or

(c)

he would receive at least as much as the grant if his contributions were returned to him.