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

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.”.