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

Amendment of article 11 (entitlement of eligible adult dependants under the FHEC Scheme in certain cases of death or attributable medical discharge)

12.—(1) Article 11 of the 2012 Order is amended as follows.

(2) For article 11(1), (2) and (3) substitute—

“(1) Where a member of the armed forces dies on or after 17th July 2008 and such death is caused either wholly or predominantly by service, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if conditions A to G are met.

(2) Where a member of the armed forces is discharged on attributable medical grounds on or after 17th July 2008, his or her eligible adult dependant is eligible for payment under the FHEC Scheme if—

(a) the member is unable, due to the injury or illness which caused the attributable medical discharge, to undertake qualification level learning;

(b) if the discharge occurred on or after 1st April 2017 the member receives a disablement pension or a guaranteed income payment; and

(c) conditions A to G are met.”.

(3) For article 11(5) substitute—

“(5) Condition B is that the member of the armed forces has or had completed Phase 1 and Phase 2 training before the date of death or attributable medical discharge.”.