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38. For paragraph 31 of Schedule 3, substitute—
“31.—(1) Save as provided in this paragraph, a transition member (P) who becomes entitled to payment of a short-service serious ill-health grant under this scheme is not entitled to payment of a short-service serious ill-health grant under regulation E21(1) of the 2005 Regulations.
(2) P may receive payment of a short-service serious ill-health grant under the 2005 Regulations if—
(a)before P’s transition date, P makes an application under regulation E21 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 a short-service serious ill-health grant.
(3) The amount of the payment of a short-service serious ill-health grant payable under sub-paragraph (2) is calculated under regulation 119 of these Regulations.”.
Regulation E21 was substituted by S.S.I. 2014/69.
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