OpenLegislation

Paragraph 6

Original text. Later amendments are not shown.

(1)

Subject to sub-paragraphs (3), (4) and (5) there may be paid to a member of the armed forces who is in receipt of retired pay or pension an allowance in respect of a child for the purpose of his education if the child is a child of the member or by virtue of article 18(5)(e) is treated as a child of the member.

(2)

Subject to the following provisions of this paragraph, an allowance in respect of a child to whom or in respect of whom an award has or, but for the provisions of article 33, would have been made under article 35, 36, 37 or 39 may be awarded for the purpose of that child’s education.

(3)

Subject to sub-paragraphs (4) and (5), an allowance under sub-paragraph (1) or (2) shall be payable only if—

(a)

the child has attained the age of 5 years; and

(b)

the circumstances of the family are such as to require it; and

(c)

the Secretary of State is satisfied that the type of education which the child is receiving or is to receive is suitable for the child.

(4)

Where a child begins or is to begin school before the age of 5 years, sub-paragraph (3)(a) shall have effect as if for “has attained the age of 5 years” there were substituted the words “has commenced the term’s attendance at school in the course of which he will attain the age of 5 years”.

(5)

The amount of an allowance under this paragraph shall be determined by the Secretary of State, but the total payments made in respect of any period of 12 months for any one child shall not exceed £120.