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

PART II BASIS FOR AWARDS TO RESERVISTS

Reservist’s standard awards

3.—(1) A reservist shall, subject to fulfilment to the adjudication officer’s satisfaction of the requirement to furnish information or documents under regulation 11(1) below, be entitled to a reservist’s standard award.

(2) For the purposes of these Regulations a “reservist’s standard award” means—

(a) the lesser of—

(i) the sum by which the reservist’s average weekly earnings multiplied by the number of weeks in the period of relevant service exceeds the sum of his earnings and service pay for the same period; or

(ii) the sum by which earnings at the rate prescribed for the band into which the reservist falls exceeds his Service pay for the period of relevant service; and

(b) subject to paragraph (6) below, sums equivalent to any payments by an employer—

(i) into a pension scheme for the benefit of the reservist, his spouse or dependants;

(ii) to or on behalf of the reservist for accommodation or educational fees, or premiums in relation to health or medical insurance or life assurance, for accommodation, educational fees or medical insurance premiums,

which would have been paid to or on behalf of the reservist but for performing the period of relevant service; and

(c) a travel allowance of £15 for each complete week of relevant service in which the reservist has lost the benefit of any motor vehicle provided by his employer for private use and which would have been available for the spouse or dependant of the reservist but for his performing that service.

(3) If the reservist’s service pay for the period of relevant service exceeds his average weekly earnings multiplied by the number of weeks in that period the aggregate of any payments under paragraph (2)(b)(ii) and (c) above shall be reduced by the amount of that excess.

(4) For the purposes of this regulation, the band into which a reservist falls shall be determined by his paid rank during the period of relevant service or by his membership of a specialist category and shall be as prescribed in Schedule 2.

(5) In this regulation and in Schedule 2—

(a) references to a rank shall include references to a rank or rate in any of Her Majesty’s armed forces equivalent to any of the army ranks prescribed in Schedule 2 to these Regulations;

(b) references to a specialist category shall be a reference to any category of persons so described in notices which the Secretary of State may from time to time cause to be published as having specialist skills of exceptional value to the armed forces.

(6) Where it is a condition of the making by an employer of any of the payments referred to in paragraph (2)(b) above that the reservist makes payments for the same purpose, the making of an award under paragraph (2)(b) above shall be subject to the same condition.

(7) Where a reservist’s standard award is made to a person to whom a service pension is payable—

(a) that award shall not be reduced by reason of the service pension;

(b) the service pension shall not be withheld or reduced by reason of that award.

Reservist’s hardship awards

4.—(1) A reservist shall, if the adjudication officer is satisfied that—

(a) the reservist has suffered, or will suffer, financial hardship as a result of performing relevant service; and

(b) a reservist’s standard award has been or will be insufficient to relieve such hardship,

be entitled to a reservist’s hardship award.

(2) For the purposes of these Regulations “a reservist’s hardship award” means an amount sufficient to relieve the hardship which a reservist has suffered or will suffer as a direct result of his performing relevant service.