Article 2 InterpretationI1

In this Order—

• “the 2004 Act” means the Armed Forces (Pensions and Compensation) Act 2004;

• “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August, or on or after 1 August and on or before 31 December, respectively;

• “additional adoption leave” means leave which, in the opinion of the Defence Council, corresponds to additional adoption leave prescribed in regulations made under section 75B(2) and (3) of the Employment Rights Act 1996^f1;

• “additional maternity leave” means leave which, in the opinion of the Defence Council, corresponds to additional maternity leave prescribed in regulations made under section 73(2) and (3) of the Employment Rights Act 1996^f2;

• F1“aggregated lower tier payment” is a payment in accordance with article 9B(1);

• F2...

• “applicant” means a person who has applied for a payment under the ELC Scheme or the FHEC Scheme;

• “approved learning provider” means an establishment on the Scheme administrator’s list of approved providers;

• F3...

• ...

• “disablement pension” means retired pay or pension awarded under article 6 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

• “discharged on attributable medical grounds” means that a person has been discharged from service on the grounds that they are medically unfit to continue in service due to an injury or illness caused wholly or predominantly by service or predominantly worsened by service and the phrase “attributable medical discharge” is to be construed accordingly;

• “ELC Scheme” means the Enhanced Learning Credit Scheme established by article 4(1);

• “FHEC Scheme” means the Further and Higher Education Commitment Scheme established by article 4(2);

• “guaranteed income payment” means a guaranteed income payment paid under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; and

• “higher level learning” means full or part time study towards the achievement of a higher level learning qualification;

• “higher level learning qualification” means a qualification at Level 3 or above on the Qualifications and Credit Framework^f3 or other equivalent qualification (including an equivalent vocational qualification);

• “higher tier payment” F4is a payment in accordance with article 9C(1);

• “individual resettlement training costs grant” means a grant paid towards the cost of training to enhance skills and qualifications in preparation for new employment;

• “in-service payment” is a payment made under the enhanced learning credit scheme established by the Secretary of State and set out in Defence Direction and Guidance on Training, Education and Skills^f4 during qualifying service and on or after 1st April 2016;

• “lower tier payment” F5is a payment in accordance with article 9A(1);

• “ordinary adoption leave” means leave which, in the opinion of the Defence Council, corresponds to ordinary adoption leave prescribed in regulations made under section 75A(2) and (2A) of the Employment Rights Act 1996^f5;

• “ordinary maternity leave” means leave which, in the opinion of the Defence Council, corresponds to ordinary maternity leave prescribed in regulations made under section 71(2) and (3) of the Employment Rights Act 1996^f6;

• “F6... paternity leave” means leave which, in the opinion of the Defence Council, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002^f7;

• “Phase 1 training” means all initial training to recruits into the armed forces to provide basic military skills;

• “Phase 2 training” means—

  1. (a)

     initial individual specialisation training, and

  2. (b)

     technical training,

  following phase 1 training;

• “publicly funded” means maintained or assisted by recurrent grants of public funds;

• “qualification level learning” means learning leading to —

  1. (a)

     a first full Level 3 qualification as defined by the Qualifications and Credit Framework;

  2. (b)

     a first vocational qualification which is the equivalent of a qualification falling within paragraph (a);

  3. (c)

     a first undergraduate degree (including a foundation degree);

  4. (d)

     a first Higher National Certificate or first Higher National Diploma for which the entry qualification is lower than a degree; or

  5. (e)

     such qualifications in Scotland which are the equivalent of qualifications falling within paragraphs (a) to (d).

• “qualifying service” means service in the armed forces and includes time spent on ordinary maternity leave, additional maternity leave, F7paternity leave, F8shared parental leave additional paternity leave, ordinary adoption leave or additional adoption leave, but does not include time spent on any unpaid career break;

• “senior responsible officer” means the person within each single service with overall responsibility for the ELC Scheme;

• “service leaver” means a person who has ceased to be a member of the armed forces;

• “six month window” means the six month period which commences on the eighth anniversary of enlistment or commission;

• “the Scheme administrator” means the person appointed by the Secretary of State under section 1(3) of the 2004 Act to administer the ELC Scheme and the FHEC Scheme;

• F9“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996 F10, or Articles 107E or 107G of the Employment Rights (Northern Ireland) Order 1996;

• “tuition fees” means the costs charged by the approved learning provider which may include registration, examination and accreditation fees.