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Paragraph 7 Eligibility for a paymentI1

United Kingdom

(1)

A person is eligible for a payment under paragraph 8(1) if they meet conditions A to E as provided for in sub-paragraphs (2) to (6).

(2)

Condition A is that the person is a member of either—

(a)

the regular forces, or

(b)

the reserve forces on either an FTRS commitment or an additional duties commitment.

(3)

Condition B is that the person is an active member of the AFPS 2015 or has opted to cease to be an active member of that scheme.

(4)

Condition C is that the person—

(a)

is a member of the regular forces who has been notified by or on behalf of the Defence Council that their service is to be terminated and that they are eligible for compensation under the AFRS 2020,

(b)

is a member of the regular forces and is an officer of at least the rank of Commodore, Brigadier or Air Commodore who has been notified by or on behalf of the Defence Council that they are directed to take early retirement and that they are eligible for compensation under the AFRS 2020,

(c)

is a member of the reserve forces on either an FTRS commitment or an additional duties commitment and is an officer of at least the rank of Commodore, Brigadier or Air Commodore who has been notified by or on behalf of the Defence Council that they are directed to take early retirement and that they are eligible for compensation under the AFRS 2020, or

(d)

is a member of the reserve forces on either an FTRS commitment or an additional duties commitment who has been notified by or on behalf of the Defence Council that their commitment is to be terminated and that they are eligible for compensation under the AFRS 2020.

(5)

Condition D is that the person, having received a notification under sub-paragraph (4)—

(a)

ceases to be in service as a member of the regular forces, or

(b)

ceases to be on an FTRS commitment or an additional duties commitment.

(6)

Condition E is that the person is not entitled to an ill-health pension.

(7)

In this Schedule references to an ill-health pension include a pension under:

(a)

regulation 51 of the Armed Forces Pension Regulations 2014f1,

(b)

regulation 52 of the Armed Forces Pension Regulations 2014,

(c)

regulation 19 of the Armed Forces Early Departure Payments Scheme Regulations 2014f2, and

(d)

regulation 9 of the Armed Forces Early Departure Payments Scheme Regulations 2014, where the scheme administrator has determined that a payment should be made under that regulation instead of under regulation 19.

Annotations

Commencement

I1

Sch. para. 7 in force at 1.1.2021, see art. 1(b)

Footnotes

f1

S.I. 2014/2336.

f2

S.I. 2014/2328.