{
  "url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015/regulation-40",
  "json_url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015/regulation-40.json",
  "legislation": "uksi/2015/568",
  "legislation_title": "The Armed Forces (Transitional Provisions) Pensions Regulations 2015",
  "legislation_url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Amendment of article 35 (entitlement to resettlement grants) of the AF(RRGES) (No.2) Order",
  "text": "Article 35 of the AF(RRGES) (No.2) Order is amended by—\n(a) substituting for the existing paragraph (1)—\n“(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—\n(a) was, immediately before ceasing service, an active member of the AFPS 1975 or has opted-out;\n(b) has the relevant years of service;\n(c) is not entitled to the immediate payment of a pension under the AFPS 1975;\n(d) is not entitled to the immediate payment of a pension under the AFPS 2015;\n(e) is not entitled to an early departure payment under regulations 8 and 9 of the EDP 2015; and\n(f) either—\n(i) has not previously received a payment under the AFRGS 2010; or\n(ii) has made a repayment in respect of a payment previously received in sub-paragraph (i).”\n(b) substituting in paragraph (2)—\n““relevant years of service””\nfor—\n““relevant years of reckonable service””.\n(c) inserting after paragraph (5)—\n“(6) Transition members are not entitled to a lump sum payment under regulation 16 of the EDP 2015.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 40 in force at 1.4.2015, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/568/regulation/40",
    "retrieved_at": "2026-10-28T23:44:05.078431+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}