Article 4 Eligibility for redundancy payments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 4(5) substituted by Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 2011 art. 4(2)
art. 4(6) words substituted by Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 2011 art. 4(3)
art. 4(3) substituted by Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 2011 art. 4(1)
art. 4(3)(a) substituted by Armed Forces Redundancy Scheme 2020 art. 6(a)
art. 4(5) substituted by Armed Forces Redundancy Scheme 2020 art. 6(b)
art. 4(5A) inserted by Armed Forces Redundancy Scheme 2020 art. 6(c)
art. 4(6)(b) words inserted by Armed Forces Redundancy Scheme 2020 art. 6(d)

(1)

A person is eligible for a payment under article 5 if he meets conditions A to D.

(2)

Condition A is that the person is a member of the armed forces other than an excluded person.

(3)

Condition B is that the Secretary of State has notified the person that the person will be treated for the purposes of the Scheme as having become redundant.

(4)

Condition C is that the person ceases to be in service as a member of the armed forces in pursuance of the notification.

(5)

Condition D is that the person is not entitled to the immediate payment of a pension under—

(a)

rule D.5 of the AFPS 2005 (early payment of benefits: active members with permanent serious ill-health), or

(b)

rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment).

(6)

In paragraph (2) “excluded person” means—

(a)

a person the terms of whose service exclude him from eligibility for payments under article 5, unless the Secretary of State has agreed to treat him as if they did not do so, and

(b)

a person who is an active member of the AFPS 1975.

(7)

In paragraph (6) “active member” has the meaning given in section 124(1) of the Pensions Act 1995^f1.

Annotations

Footnotes

f1: 1995 c. 26.