- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, Section 82.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
82.—(1) This article applies where for any period before 9th May 2011 an eligible child was—
(a)in receipt of child's payment; or
(b)entitled to child's payment but child's payment was not payable due to the reduction of that payment under article 31(3) of the AFCS 2005.
(2) The Secretary of State is to award additional child's payment in accordance with this article.
(3) The additional child's payment is—
(a)where paragraph (1)(a) applies (A–B)–C;
(b)where paragraph (1)(b) applies A–B.
(4) In this article —
(a)“A” is the total amount of child's payment which would have been payable (irrespective of any deduction for income tax) if the annual amount had been calculated in accordance with article 36, and—
(i)where paragraph (1)(a) applies, if that amount had been paid from the date payment commenced until the date specified in paragraph (5); and
(ii)where paragraph (1)(b) applies, if that amount had been paid for the period specified in paragraph (6);
(b)“B” is the adjustment of the total amount determined in accordance with article 39(4).
(c)“C” is the amount of child's payment paid from the date payment commenced until the date specified in paragraph (5).
(5) The date referred to in paragraphs (4)(a)(i) and (4)(c) is whichever is the earlier of —
(a)the date of death of the child; or
(b)8th May 2011.
(6) The period referred to in paragraph (4)(a)(ii) is the period—
(a)commencing with whichever is the later of—
(i)the day after the date of death of the former member; or
(ii)the date of claim; and
(b)ending with whichever is the earlier of the dates in paragraph (5).
(7) Where an eligible child has been paid, or, in the case of paragraph (1)(b) was entitled to, child's payment for more than one period, an additional child's payment determined in accordance with this article is payable for each period.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: