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9. (1) A member of the armed forces is entitled to a payment under article 10 if conditions A to D are met.
(2) Condition A is that the person’s service as a member of the armed forces began before 6th April 2005.
(3) Condition B is that the person is not an excluded person.
(4) Condition C is that the person has been notified by the Defence Council that they will be treated for the purposes of the AFRS 2010 as having become redundant.
(5) Condition D is that the person’s service as a member of the armed forces ceases, in pursuance of a notification mentioned in paragraph (4), on a date after 6th April 2010.
(6) In paragraph (3) “excluded person” means—
(a)a person who is excluded by their terms and conditions of service from entitlement to payments under article 10, unless the Defence Council has agreed that they be treated as if those terms did not apply; or
(b)a person who would be entitled to a payment in respect of a notification under the Armed Forces Redundancy Scheme 2006(1) had the notification referred to that Scheme.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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