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

Amendment of article 6 (eligibility conditions for payments under the ELC Scheme)

7.—(1) Article 6 of the 2012 Order is amended as follows.

(2) For article 6(2) substitute—

“(2) Condition A is that the service leaver’s course of higher level learning commences before the entitlement time limit.”.

(3) After article 6(5) insert—

“(5A) 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.”.

(4) For article 6(6), (7) and (8) substitute—

“(6) In this article “eligible service” means—

(a) in relation to a lower tier payment—

(i) 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;

(ii) 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;

(iii) 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;

(b) in relation to an aggregated lower tier payment, at least 6 years qualifying service completed on or after 1st April 2016; or

(c) in relation to a higher tier payment, at least 8 years qualifying service.

(7) The period of eligible service is to be calculated in accordance with paragraphs (8) to (10).

(8) Subject to paragraph (9) and (10), the period of eligible service commences on—

(a) for a person who registered as a member of the ELC Scheme, the date of enlistment or commission into the armed forces, unless sub-paragraph (b) applies;

(b) for a person who was registered as a member of the ELC Scheme within the six month window and—

(i) ceased to be a member of the armed forces before 1st April 2016, the first day of the six month window; or

(ii) is a member of the armed forces on 1st April 2016, whichever is the later of 1st April 2000 and the date of enlistment or commission into the armed forces; or

(c) for a person to whom article 5A(2) applies, whichever is the later of 1st April 2000 and the date of enlistment or commission.”.

(5) For article 6(10) substitute—

“(10) Where before 1st April 2016 a service leaver had registered as a member of the ELC Scheme having satisfied the senior responsible officer that the member might register outside the time limits in force at the time—

(a) if the service leaver’s service in the armed forces commenced before 1st April 2003, eligible service commences from whichever is the later of 1st April 2000 and the date of his or her enlistment or commission into the armed forces;

(b) if the service leaver’s service in the armed forces commenced on or after 1st April 2003, eligible service commences from the date of enlistment or commission into the armed forces.”.