# The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012, Article 8: Entitlement of eligible adult dependants in certain cases of death or attributable medical discharge

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

(1) Where a member of the armed forces (A) dies and such death is caused either wholly or predominantly by service, an eligible adult dependant of A is eligible for payments under the ELC Scheme if —
(a) the conditions in either paragraph (2) or (3) are met; and
(b) the conditions in both paragraphs (11) and (12) are met.
(2) The conditions are that—
(a) A died on or after 1st April 2004, and
(b) on the date of A’s death, A was a member of the ELC Scheme and had completed the eligible service specified in article 6(6)(a), 6(6)(b) or 6(6)(c).
(3) The conditions are that—
(a) A died on or after 1st November 2010, and
(b) on the date of A’s death, A was a member of the ELC Scheme and had completed Phase 1 and Phase 2 training.
(4) In any case where the conditions in paragraph (2) are met the payment made under the ELC Scheme must be—
(a) a lower tier payment if on the date of A’s death, A had completed the eligible service specified in article 6(6)(a), ...
(ab) an aggregated lower tier payment if, on the date of A’s death, A had completed the eligible service specified in article 6(6)(b), or
(b) a higher tier payment if on the date of A’s death, A had completed the eligible service specified in article 6(6)(c).
(5) In any case where the conditions in paragraph (2) are not met but the conditions in paragraph (3) are met the payment made under the ELC Scheme must be a lower tier payment.
(5A) In this article the period of eligible service is to be calculated in accordance with article 6(8) to (10).
(6) Where a member of the armed forces (B) is discharged on attributable medical grounds, and due to the illness or injury which caused that attributable medical discharge, B is unable to undertake higher level learning, an eligible adult dependant of B is eligible for payments under the ELC Scheme if—
(a) the conditions in either paragraph (7) or (8) are met; and
(b) the conditions in both paragraphs (11) and (12) are met.
(7) The conditions are that—
(a) B’s attributable medical discharge occurred on or after 1st April 2004 and (if the discharge occurred on or after 1stApril 2017) B receives a disablement pension or a guaranteed income payment, and
(b) on the date of B’s attributable medical discharge, B was a member of the ELC Scheme and had completed the eligible service specified in article 6(6)(a), 6(6)(b) or 6(6)(c).
(8) The conditions are that—
(a) B’s attributable medical discharge occurred on or after 1st November 2010 and (if the discharge occurred on or after 1st April 2017) B receives a disablement pension or a guaranteed income payment, and
(b) on the date of B’s attributable medical discharge, B was a member of the ELC Scheme and had completed Phase 1 and Phase 2 training.
(9) In any case where the conditions in paragraph (7) are met the payment made under the ELC Scheme must be—
(a) a lower tier payment if on the date of B’s attributable medical discharge B had completed the eligible service specified in article 6(6)(a), ...
(ab) an aggregated lower tier payment if, on the date of B’s attributable medical discharge, B had completed the eligible service specified in article 6(6)(b), or
(b) a higher tier payment if on the date of B’s attributable medical discharge B had completed the eligible service specified in article 6(6)(c).
(10) In any case where the conditions in paragraph (7) are not met, but the conditions in paragraph (8) are met, the payment under the ELC Scheme must be a lower tier payment or aggregated lower tier payment.
(11) The condition is that the eligible adult dependant must not be applying for, or in receipt of, any other payment from public funds towards the costs of tuition fees for higher level learning unless such funding is made under the FHEC scheme.
(12) The condition is that the eligible adult dependant’s course of higher level learning commences before the tenth anniversary of the death of A or the attributable medical discharge of B.

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Source: https://www.legislation.gov.uk/uksi/2012/1796/article/8 (the official version)
Page: https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.