The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Eligible child - further provisions U.K.

32.—(1) Where a person ceases to be in full-time education and is aged under 19 on that day (“ the relevant day”), the person is treated as being in such education until the first of the following days after the relevant day—

(a) the second Monday in January;

(b) the second Monday after Easter Monday;

(c) the second Monday in September;

(d) the day of the person's 19th birthday;

(e) the day on which the person becomes engaged full-time in gainful employment.

(2) A person who, on the day of the death of a member or former member, is aged under 23 and taking a break from full-time education or vocational training not exceeding one academic year, is treated as continuing such education or training during the break for the purpose of determining whether the person is an eligible child on that day.

(3) A person who on the day of the death of a member or former member—

(a) has finished full-time education at school,

(b) has not started further full-time education or vocational training, and

(c) is taking a break not exceeding 15 months,

is treated as continuing such education or training during the break for the purposes of determining whether the person is an eligible child on that day.

(4) A person who is an eligible child—

(a) who takes a break from full-time education or vocational training not exceeding one academic year; or

(b) who—

(i) finishes full-time education at school, and

(ii) takes a break not exceeding 15 months before starting further full-time education or vocational training,

is to be treated as continuing such education or training during one academic year in the case of paragraph (a) and during 15 months in the case of paragraph (b) for the purpose of determining whether the person is an eligible child during the break.

(5) A person who is aged over 17 and under 23 who has ceased full-time education or vocational training because of ill-health is to be treated, for the purpose of determining whether the person is an eligible child for the purpose of satisfying the condition specified in article 31(2)(b) as continuing such education or training until either—

(a) the person resumes such education or training;

(b) the person is no longer ill and does not resume such education or training; or

(c) the person's ill-health is such that the person is unable to resume such education or training.

(6) Nothing in paragraphs (2), (3) or (4) requires child's payment to be paid in respect of such a child during the break.

(7) A person is no longer treated as an eligible child if a break referred to in paragraph (2), (3), (4) or (5) lasts for longer than the periods mentioned in those paragraphs.