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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Armed Forces Pension Scheme Order 2005 (S.I. 2005/438) (“the AFPS 2005”), the Armed Forces Early Departure Payments Scheme Order 2005 (S.I. 2005/437) (“the EDP 2005”), the Armed Forces Pension Scheme Regulations 2014 (S.I. 2014/2336) (“the AFPS 2015”) and the Armed Forces Early Departure Payments Scheme Regulations 2014 (S.I. 2014/2328) (“the EDP 2015”).

The amendment to the AFPS 2005 ensures that regulations 57 and 58 of the AFPS 2015 (review of ill-health awards) apply to individuals with an ill health award that relates to service before those individuals’ transition date (which is either 1st April 2022 or 1st April 2015, as defined in paragraph 1 of Schedule 2 to the AFPS 2005). This change has effect from 1st April 2015.

The amendments to the EDP 2005 ensure that payments under article 9(2) of the EDP 2005 cease if a person becomes entitled to an ill-health pension under regulation 52 of the AFPS 2015 following a review under regulation 58 of the AFPS 2015. This change has effect from 1st April 2015.

The amendments to the AFPS 2015 change the eligibility criteria for awards under regulation 52 (significant impairment of capacity for gainful employment) of the AFPS 2015. They also provide that early departure payments made under regulation 9 of the EDP 2015 in lieu of payments under regulation 19 of the EDP 2015 are subject to a right of review and insert a definition of “early departure payment in lieu” into regulation 58. These amendments have effect from 1st April 2015. Further, they provide for ill health awards payable under regulation 52 of the AFPS 2015 to be backdated to the date the review is requested instead of the date of medical discharge. This change has effect from 11th June 2026.

The amendments to the EDP 2015 ensure that payments under regulation 9(2) of the EDP 2015 cease if a person becomes entitled to an ill health pension under regulation 52 of the AFPS 2015 following a review under regulation 58 of the AFPS 2015. This change has effect from 1st April 2015.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.