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The Teachers' Superannuation (Scotland) Amendment Regulations 2007

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Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

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58.  After regulation E36(1) (payment of benefits) insert–

(1A) No benefit is to be paid unless a written application for payment has been made and paragraph (1B), if applicable, has been complied with.

(1B) Where the application for payment is made on the basis that the teacher is entitled to retirement benefits under regulation E6(5), the application shall–

(a)where the teacher falls within regulation E6(5)(c)(i)(aa) and (bb), be signed by, or on behalf of, the teacher’s employer; and

(b)shall be accompanied by all medical evidence necessary to determine whether the teacher falls within regulation E6(5) and, where applicable, that the teacher’s ability to carry out any work is impaired by more than 90% and is likely permanently to be so.

(1C) If the Scottish Ministers notify the teacher in writing that they so require, the applicant is to provide any relevant information (including further medical evidence such as is mentioned in paragraph (1B)) specified by them that is in the applicant’s possession or that he or she can reasonably be expected to obtain..

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