# The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012, Article 11: Entitlement of eligible adult dependants under the FHEC Scheme in certain cases of death or attributable medical discharge

Extent: E+W+S+N.I.

(1) Where a member of the armed forces dies on or after 17thJuly 2008 and such death is caused either wholly or predominantly by service, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if conditions A to G are met.
(2) Where a member of the armed forces is discharged on attributable medical grounds on or after 17th July 2008, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if—
(a) the member is unable, due to the injury or illness which caused the attributable medical discharge, to undertake qualification level learning;
(b) if the discharge occurred on or after 1stApril 2017 the member receives a disablement pension or a guaranteed income payment; and
(c) conditions A to G are met.
(4) Condition A is that the member of the armed forces was, at the date of death or attributable medical discharge as the case may be, a member of the ELC Scheme.
(5) Condition B is that the member of the armed forces has or had completed Phase 1 and Phase 2 training before the date of death or attributable medical discharge.
(6) Condition C is that the eligible adult dependant 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.
(7) Condition D is that the eligible adult dependant is applying for the 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.
(8) Condition E is that the eligible adult dependant 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.
(9) Condition F is that the eligible adult dependant remains resident in the United Kingdom for the period of the qualification level learning.
(10) Condition G is that the eligible adult dependant’s course of qualification level learning commences before the tenth anniversary of the death or attributable medical discharge of the member of the armed forces.
(11) For the purposes of paragraph (8), any period during which the eligible adult dependant accompanied the service leaver on their service in the armed forces outside the United Kingdom is to be treated as a period of ordinary residence in the United Kingdom.

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Source: https://www.legislation.gov.uk/uksi/2012/1796/article/11 (the official version)
Page: https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.