The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997

PART I PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997 and shall come into force on 1st April 1997.

General interpretation

2.—(1) In these Regulations—

“the 1996 Act” means the Reserve Forces Act 1996(1);

“adjudication officer” means a person appointed by or in accordance with the directions of the Secretary of State or the Defence Council to determine claims under these Regulations;

“average weekly earnings” means—

(a)

the earnings paid by an employer to a reservist in the 52 weeks immediately preceding the relevant date divided by 52, and increased by a percentage which appears to the Secretary of State to represent the rate of increase in incomes in the United Kingdom in the year ending with the relevant date, or

(b)

if—

(i)

the reservist began employment with an employer on a day less than 52 weeks before the relevant date, or

(ii)

in the opinion of the adjudication officer the figure calculated by the method described in sub-paragraph (a) above would not be a reliable estimate of the reservist’s average weekly earnings,

the earnings which the reservist reasonably expects that he would have earned in the service of an employer, but for performing relevant service, in the 52 weeks immediately following the relevant date divided by 52;

“claimant” means a reservist or an employer who is claiming an award under these Regulations;

“earnings” includes—

(a)

salary, wages, fees, drawings and gratuities payable to a reservist;

(b)

service pay payable to a reservist for service other than relevant service,

but does not include—

(i)

any payments made for the benefit of the reservist, his spouse or dependants for accommodation or educational fees, or premiums in relation to a pension scheme, health or medical insurance or life assurance;

(ii)

the value of or payments in respect of any motor vehicle provided by the reservist’s employer and available for the private use of him, his spouse or dependants;

“employer” means any person who is an employer of a reservist on the relevant date and includes—

(a)

a reservist who is self-employed;

(b)

a partnership within the meaning of the Partnership Act 1890(2) of which the reservist is a partner;

(c)

a company of which the reservist is a director other than a non-executive director;

(d)

a Secretary of State or government department or any officer or body exercising on behalf of the Crown functions conferred by any statute, for whom a reservist works as a Crown servant;

“relevant date” means, subject to paragraph (2) below, the day on which a reservist is accepted into service for the purpose of performing relevant service;

“relevant service” means permanent service—

(a)

under Part IV of the 1996 Act;

(b)

in relation to a claim by a reservist under regulation 3 or 4 below, under Part V of the 1996 Act;

(c)

under a call-out or recall order;

(d)

by a person called out or recalled under the 1980 Act or under any other call-out or recall obligations of an officer,

in respect of which a claim is made, but shall not include any period in which the reservist is serving a term of imprisonment or detention under the sentence of a court-martial or a court of law in the British Islands or any colony;

“reservist” means a person called out or recalled for relevant service;

“service pay” means any pay, bounty or allowance payable to a reservist for service in the armed forces but excluding any allowance payable for the cost of living overseas or for reimbursement of expenses.

(2) Where a person is performing relevant service and the date on which he is entitled to be released or discharged has been postponed under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, “the relevant date” means the day on which he would otherwise have been entitled to be released or discharged from that service.

(1)

1996 c. 14.

(2)

1890 c. 39.