{
  "url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-10",
  "json_url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-10.json",
  "legislation": "uksi/2012/1796",
  "legislation_title": "The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012",
  "legislation_url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Eligibility conditions for payments to service leavers under the FHEC Scheme",
  "text": "(1) A service leaver is eligible for payments under the FHEC Scheme for qualification level learning if conditions A to I are met.\n(2) Condition A is that the service leaver left the armed forces on or after 17th July 2008.\n(3) Condition B is that the service leaver’s course of qualification level learning commences before the entitlement time limit.\n(4) Condition C is that the service leaver is a member of the ELC Scheme.\n(5) Condition D is that the service leaver has completed eligible service.\n(6) Condition E is that the service leaver is not applying for, or in receipt of, any other payment from public funds for tuition fees for qualification level learning unless such payment is made under the ELC Scheme.\n(7) Condition F is that if the service leaver has any remaining entitlement under the ELC Scheme then such entitlement must be used for the purposes of study under the FHEC Scheme.\n(8) Condition G is that the service leaver is applying for payment of tuition fees in order to undertake no less than half of a full-time course leading to a qualification which falls within the definition of qualification level learning.\n(9) Condition H is that the service leaver satisfies the eligibility requirements concerning assistance by way of allowances or support for tuition fees in the part of the United Kingdom where they are ordinarily resident.\n(10) Condition I is that the service leaver remains resident in the United Kingdom for the period of the qualification level learning.\n(10A) In this article “the entitlement time limit” means—\n(a) for a service leaver who ceased to be a member of the armed forces before 1st April 2016, the tenth anniversary of their ceasing to be a member of the armed forces;\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) subject to sub-paragraph (d), for a service leaver who ceases to be a member of the armed forces on or after 1st April 2016, the fifth anniversary of their ceasing to be a member of the armed forces; and\n(d) for a service leaver discharged on attributable medical grounds on or after 1stApril 2011 who receives a disablement pension or a guaranteed income payment, the tenth anniversary of their ceasing to be a member of the armed forces.\n(11) Subject to paragraph (12), in this article “eligible service” means—\n(a) for a service leaver who has completed before 1st April 2016, or who completes before 1st April 2017, 4 years qualifying service, at least 4 years but less than 8 years qualifying service;\n(b) for a service leaver who has completed less than 4 years qualifying service before 1st April 2017, at least 6 years but less than 8 years qualifying service; and\n(c) for a service leaver who becomes a member of the ELC Scheme on or after 1st April 2016, at least 6 years but less than 8 years qualifying service.\n(12) Where a service leaver is discharged on attributable medical grounds “eligible service” means the completion of Phase 1 and Phase 2 training.\n(13) In this article the period of eligible service is to be calculated in accordance with article 6(8) to (10).\n(14) For the purposes of paragraph (9) any period during which the service leaver served outside the United Kingdom as a member of the armed forces is to be treated as a period of ordinary residence in the United Kingdom.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 10(3) substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 11(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 10(9) substituted (1.4.2015) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2015 (S.I. 2015/497), arts. 1(1), 2(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 10(10A) inserted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 11(4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in art. 10(10A)(a) substituted (30.3.2021) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021 (S.I. 2021/226), arts. 1, 2(4)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 10(10A)(b) omitted (30.3.2021) by virtue of The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021 (S.I. 2021/226), arts. 1, 2(4)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 10(11)-(14) substituted for (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 11(5)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in art. 10 heading substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 11(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 10 in force at 2.9.2012, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/1796/article/10",
    "retrieved_at": "2026-10-29T01:26:01.196939+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}