Paragraph 3

For article 31 there is substituted the following article—

“

31

(1)

—(1) Where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which he is also entitled to—

(a)

a pension under the AFPS 1975 or the AFPS 2005 (“a pension”);

(b)

a payment under the Armed Forces Early Departure Payments Scheme Order 2005 (“a payment”);

(c)

a pension under the F1the FTRSPS 2010, the NRPSPS or the RFPS 2005(“a reserve forces pension”); or

(d)

benefit under an occupational pension scheme or a personal pension scheme in respect of the same injury or death for which guaranteed income payment, survivor's guaranteed income payment or child's payment is paid (“a civilian pension”)

the guaranteed income payment, survivor's guaranteed income payment or child's payment as the case may be is reduced in accordance with paragraphs (2) and (3).

(2)

Where a person is entitled to a guaranteed income payment for any period during which he is also entitled to—

(a)

a pension or a reserve forces pension which is not an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, a payment, or a civilian pension, then the amount of the guaranteed income payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension, payment or civilian pension;

(b)

a pension or a reserve forces pension which is an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, then the amount of guaranteed income payment is reduced by the full amount of the invaliding or ill-health pension.

(3)

Where a person is entitled to a survivor's guaranteed income payment or a child's payment for any period during which he is also entitled to a pension, reserve forces pension or civilian pension, then the amount of the survivor's guaranteed income payment or child's payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension or civilian pension.

(4)

In this article—

(a)

any reference to a pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension means the gross amount F2, irrespective of any commutation, of that pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension;

(b)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 M1;

(e)

“personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 M2 or provisionally approved under section 655(5) of that Act.”