Article 9 Effect of rejoining armed forces or entering certain reserve forces service on article 5 entitlement

(1)

This article applies where a person to whom a payment is made under article 5—

(a)

enters service as a member of the armed forces again otherwise than as a result of his being recalled for service under Part 7 of the Reserve Forces Act 1996^f1 or under the Reserve Forces Act 1980^f2,

(b)

enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or

(c)

enters service as a result of a commitment under section 25 of that Act (commitment to additional duties);

and in this article that service is referred to as “the new service”.

(2)

If the period beginning with the date when the person becomes entitled to the payment under article 5 and ending immediately before the date on which the new service begins (“the service break”) is less than the relevant period, the person must repay the relevant fraction of the payment made to him under article 5.

(3)

In this article, “the relevant period”, in relation to any person to whom a payment has been made under article 5, means—

\frac{P \times 365 days}{FRE}

where—

P is the amount of the payment, and
FRE is the amount of the person’s final relevant earnings by reference to which the lump sum was calculated under article 6 or 7.

(4)

In paragraph (2) “the relevant fraction” means––

\frac{RP - SB}{RP}

where—

RP is the number of days in the relevant period, and
SB is the number of days in the service break.

Annotations

Footnotes

f1: 1996 c. 14.
f2: 1980 c. 9.