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

Additional child's paymentU.K.

This section has no associated Explanatory Memorandum

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.