The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016

PART 4 AMENDMENT OF PART 4 OF THE 2012 ORDER (THE FURTHER AND HIGHER EDUCATION SCHEME)

Amendment of article 10 (eligibility conditions for payments to service leavers under the FHEC Scheme)

11.—(1) Article 10 of the 2012 Order is amended as follows.

(2) In the heading to article 10 for “leaders” substitute “leavers”.

(3) For article 10(3) substitute—

“(3) Condition B is that the service leaver’s course of qualification level learning commences before the entitlement time limit.”.

(4) After article 10(10) insert—

“(10A) In this article “the entitlement time limit” means—

(a) for a service leaver who ceased to be a member of the armed forces before 1st April 2011, the tenth anniversary of their ceasing to be a member of the armed forces;

(b) subject to sub-paragraph (d), for a service leaver who ceased to be a member of the armed forces on or after 1st April 2011 and not later than 31st March 2016, 31st March 2021;

(c) subject to sub-paragraph (d), for a service leaver who ceases to be a member of the armed forces on or after 1st April 2016, the fifth anniversary of their ceasing to be a member of the armed forces; and

(d) for a service leaver discharged on attributable medical grounds on or after 1st April 2011 who receives a disablement pension or a guaranteed income payment, the tenth anniversary of their ceasing to be a member of the armed forces.”.

(5) For article 10(11) to (13) substitute—

“(11) Subject to paragraph (12), in this article “eligible service” means—

(a) for a service leaver who has completed before 1st April 2016, or who completes before 1st April 2017, 4 years qualifying service, at least 4 years but less than 8 years qualifying service;

(b) for a service leaver who has completed less than 4 years qualifying service before 1st April 2017, at least 6 years but less than 8 years qualifying service; and

(c) for a service leaver who becomes a member of the ELC Scheme on or after 1st April 2016, at least 6 years but less than 8 years qualifying service.

(12) Where a service leaver is discharged on attributable medical grounds “eligible service” means the completion of Phase 1 and Phase 2 training.

(13) In this article the period of eligible service is to be calculated in accordance with article 6(8) to (10).

(14) For the purposes of paragraph (9) any period during which the service leaver served outside the United Kingdom as a member of the armed forces is to be treated as a period of ordinary residence in the United Kingdom.”.

Amendment of article 11 (entitlement of eligible adult dependants under the FHEC Scheme in certain cases of death or attributable medical discharge)

12.—(1) Article 11 of the 2012 Order is amended as follows.

(2) For article 11(1), (2) and (3) substitute—

“(1) Where a member of the armed forces dies on or after 17th July 2008 and such death is caused either wholly or predominantly by service, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if conditions A to G are met.

(2) Where a member of the armed forces is discharged on attributable medical grounds on or after 17th July 2008, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if—

(a) the member is unable, due to the injury or illness which caused the attributable medical discharge, to undertake qualification level learning;

(b) if the discharge occurred on or after 1st April 2017 the member receives a disablement pension or a guaranteed income payment; and

(c) conditions A to G are met.”.

(3) For article 11(5) substitute—

“(5) Condition B is that the member of the armed forces has or had completed Phase 1 and Phase 2 training before the date of death or attributable medical discharge.”.

Amendment of article 12 (payments under the FHEC Scheme)

13.—(1) Article 12 of the 2012 Order is amended as follows.

(2) In article 12(2) for “(5)” substitute “(6)”.

(3) For article 12(3)(b) substitute—

“(b) where that approved learning provider is not a publicly funded educational establishment, those fees do not exceed £6,000.”.

(4) For article 12(4) substitute—

“4.— (1) Where an approved learning provider is located in Wales, “capped fees” means—

(a) where the applicant is a qualifying person undertaking a qualifying course provided by an approved learning provider in relation to which there is an approved plan, the applicable fee limit; or

(b) in all other cases, £6,000.

(2) In this paragraph “applicable fee limit”, “approved plan”, “qualifying person” and “qualifying course” have the meanings given in section 57(1) of the Higher Education (Wales) Act 2015(1) (interpretation).”.

14.  In article 12(5) for the words from “the highest amount” to the end, substitute “£6,000”.

(1)

2015 anaw 1.