6.—(1) A service leaver is eligible for payments under the ELC Scheme for higher level learning if conditions A to D of this article are met.
(2) Condition A is that the service leaver’s course of higher level learning commences before the tenth anniversary of their ceasing to be a member of the armed forces.
(3) Condition B is that the service leaver is a member of the ELC Scheme.
(4) Condition C is that the service leaver has completed eligible service.
(5) Condition D is that the service leaver is not applying for, or in receipt of, any other payment from public funds towards the cost of tuition fees for higher level learning unless such payment is either an individual resettlement training costs grant or is made under the FHEC Scheme.
(6) In this article “eligible service” means—
(a)in relation to a lower tier payment, at least 4 years but less than 8 years qualifying service; or
(b)in relation to a higher tier payment, at least 8 years qualifying service.
(7) For both higher and lower tier payments, the period of eligible service is to be calculated in accordance with paragraphs (8) to (10).
(8) Subject to paragraph (9), eligible service commences from—
(a)the date of enlistment or commission for persons to whom article 5(1)(a) applies; or
(b)the first day of the six month window for persons to whom article 5(1)(b) applies.
(9) Where—
(a)a service leaver’s service in the armed forces commenced before 1st April 2003, and
(b)they registered as a member of the ELC Scheme before 1st April 2004,
eligible service commences from whichever is the later of 1st April 2000 and the date of enlistment or commission.
(10) Where a service leaver registered as a member of the ELC Scheme by virtue of article 5(2) and their service in the armed forces commenced—
(a)before 1st April 2003, eligible service commences from whichever is the later of 1st April 2000 and the date of enlistment or commission;
(b)on or after 1st April 2003, eligible service commences from the date of enlistment or commission.