# The Armed Forces Pension Scheme Order 2005, Paragraph D.7: Early payment of benefits: deferred members with permanent serious ill-health

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

(1) A former active member is entitled to immediate payment of a pension and a lump sum before reaching pension benefit age if—
(a) in the opinion of the Secretary of State the member has suffered a permanent breakdown in health involving incapacity for any full-time employment (see rule D.5(3) and paragraph (4) below),
(aa) the Secretary of State has received evidence from a registered medical practitioner that the member is (and will continue to be) incapable of carrying on his occupation because of physical or mental impairment, and
(b) the member either—
(i) has at least two years' qualifying service, or
(ii) is entitled to short service benefit by virtue of section 71 of the Pension Schemes Act 1993 (basic principles as to short service benefit) because of a transfer value payment having been accepted by the Scheme under Part F (transfers), and
(c) the member makes a claim for immediate payment of the pension and lump sum under this rule to the Scheme administrator.
(2) The amount of the annual pension payable under this rule is calculated by multiplying one seventieth of the member’s final pensionable earnings by the length of the member’s reckonable service, expressed as a number of years.
(3) The amount of the lump sum payable under this rule is calculated by multiplying the amount of the annual pension so payable by 3.
(4) For the purposes of this Rule a member’s breakdown in health is “permanent” if, in the opinion of the Secretary of State, it will continue at least until the member reaches pension benefit age.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/D/crossheading/entitlement-to-benefits/paragraph/D.7 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-entitlement-to-benefits/paragraph-D.7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.