Regulation 4 Amendment of the Armed Forces Pension Regulations 2014

(1)

The Armed Forces Pension Regulations 2014^f1 are amended as follows.

(2)

In regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment), in paragraph (1)—

(a)

in sub-paragraph (a)(i) omit “any”;

(b)

in sub-paragraph (b) for “any gainful employment” substitute “carrying on their occupation”.

(3)

In regulation 58 (member’s request for review of ill-health awards)—

(a)

at the end of paragraph (1)(b) insert “or an early departure payment in lieu.”;

(b)

in paragraph (2)(a) for “or lump sum” substitute “, lump sum under EDP 2014 regulation 19 or an early departure payment in lieu”;

(c)

in paragraph (8)(b)(i), after “regulation 19” insert “or an early departure payment in lieu”;

(d)

in paragraph (9)—

(i)

in sub-paragraph (a)(ii), after “regulation 19” insert “or an early departure payment in lieu”;

(ii)

in sub-paragraph (b) for the words from “then regulation 52” to the end substitute

“ ,

then regulation 52 applies from the time when the conditions in regulation 52(1)(a) are first met, and accordingly the member is entitled to a pension under that regulation payable from that time and the scheme manager may set off against such entitlement the amount of any relevant payment.”;

(e)

after paragraph (9) insert—

“(9A)

For the purposes of paragraph (9) “relevant payment” means—

(a)

the amount of any lump sum paid under EDP 2014 regulation 19, including any amounts paid under that regulation by virtue of article 16(4A)(d) of the Armed Forces Early Departure Payments Scheme Order 2005 (“EDP 2005”), or

(b)

the amount of any payments received under EDP 2014 regulation 10, including any amounts paid under that regulation by virtue of article 10(8A)(b) of EDP 2005.”;

(f)

in paragraph (10)—

(i)

in sub-paragraph (a)(ii), after “regulation 19” insert “or an early departure payment in lieu”;

(ii)

for the words from “then regulation 52 applies” to the end substitute “the member is entitled to a pension under regulation 52 payable from the date on which the review was requested.”;

(g)

after paragraph (10) insert—

“(11)

For the purposes of this regulation, “early departure payment in lieu”—

(a)

means a payment under regulation 9 of the EDP 2014 (entitlement to early departure payments), where the scheme manager determines that payment should be made instead of a payment under EDP 2014 regulation 19;

(b)

includes payments made to a person entitled to payment under article 16 of the EDP 2005 where such payment is made under the EDP 2014 by virtue of article 10(8A)(b) of EDP 2005.”.

Annotations

Footnotes

f1: S.I. 2014/2336, to which there are amendments not relevant to these regulations.