16. After regulation 112 insert—
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.”