Article 35 Entitlement to resettlement grantsI1

United Kingdom

F1(1)

A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person—

(a)

was, immediately before ceasing service, an active member of the AFPS 1975 or has opted-out;

(b)

has the relevant years of service;

(c)

is not entitled to the immediate payment of a pension under the AFPS 1975;

(d)

is not entitled to the immediate payment of a pension under the AFPS 2015;

(e)

is not entitled to an early departure payment under regulations 8 and 9 of the EDP 2015; and

(f)

either—

(i)

has not previously received a payment under the AFRGS 2010; or

(ii)

has made a repayment in respect of a payment previously received in sub-paragraph (i).

(2)

For the purposes of paragraph (1)(b), the “F2relevant years of service”—

(a)

in the case of a person who on ceasing service has held the rank of an officer for at least 2 years, is 9 years after reaching the age of 21; and

(b)

in the case of a person who is not an officer on ceasing service, is 12 years after reaching the age of 18.

(3)

Any payment due under paragraph (1) may be—

(a)

withheld on the ground of misconduct;

(b)

withheld or reduced where, in the opinion of the Defence Council, service has not been satisfactory; and

(c)

reduced to meet a public or service debt.

(4)

Where paragraph (1)(d)(i) applies, the lump sum payable is calculated in accordance with the rates as set out in the pension codes which vary according to whether—

(a)

the person has held their rank for at least 2 years; and

(b)

the person is a member of the special forces.

(5)

Where paragraph (1)(d)(ii) applies, the lump sum payable to a person following further service shall not exceed the proportion previously repaid.

F3(6)

Transition members are not entitled to a lump sum payment under regulation 16 of the EDP 2015.

Annotations

Textual amendments

F1: Art. 35(1) substituted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 40(a)
F2: Words in art. 35(2) substituted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 40(b)
F3: Art. 35(6) inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 40(c)

Commencement

I1: Art. 35 in force at 6.4.2010, see art. 1(2)