PART 3

AMENDMENT OF PART 3 OF THE 2012 ORDER (THE ENHANCED LEARNING CREDIT SCHEME)

Revocation of article 5 (registration as a member of the ELC Scheme)
5
Article 5 of the 2012 Order is revoked.

Insertion of article 5A (membership of the ELC Scheme)
6
After article 4 of the 2012 Order insert—

Membership of the ELC Scheme
5A
1
A person is a member of the ELC Scheme if the person was registered as a member before 1st April 2016 .
2
A person who is not within paragraph (1) becomes a member of the ELC Scheme if the person—
a
is in service in the armed forces at any time on or after 1st April 2016; and
b
completes or has completed Phase 1 training.
.

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.
.

Amendment of article 7 (eligibility conditions in certain cases of attributable medical discharge)
8
1
Article 7 of the 2012 Order is amended as follows.
2
For article 7(4) substitute—
4
Condition B is that the service leaver’s course of higher level learning commences before the entitlement time limit.
.
3
After article 7(7) insert—
8
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.
.

Amendment of article 8 (entitlement of eligible adult dependants in certain cases of death or attributable medical discharge)
9
1
Article 8 of the 2012 Order is amended as follows.
2
In article 8(2)(b) for “either article 6(6)(a) or article 6(6)(b)” substitute “article 6(6)(a), 6(6)(b) or 6(6)(c)”.
3
In article 8(4)—
a
in sub-paragraph (a) omit “or”;
b
after sub-paragraph (a) insert—
ab
an aggregated lower tier payment if, on the date of A’s death, A had completed the eligible service specified in article 6(6)(b), or
; and
c
in sub-paragraph (b) for “article 6(6)(b)” substitute “article 6(6)(c)”.
4
After article 8(5) insert—
5A
In this article the period of eligible service is to be calculated in accordance with article 6(8) to (10).
.
5
In article 8(7)—
a
in sub-paragraph (a) after “1st April 2004” insert “and (if the discharge occurred on or after 1st April 2017) B receives a disablement pension or a guaranteed income payment”.
b
in sub-paragraph (b) for “either article 6(6)(a) or article 6(6)(b)” substitute “article 6(6)(a), 6(6)(b) or 6(6)(c)”.
6
In article 8(8)(a) after “1st November 2010” insert “and (if the discharge occurred on or after 1st April 2017) B receives a disablement pension or a guaranteed income payment”.
7
In article 8(9)—
a
in sub-paragraph (a) omit “or”;
b
after sub-paragraph (a) insert—
ab
an aggregated lower tier payment if, on the date of B’s attributable medical discharge, B had completed the eligible service specified in article 6(6)(b), or
; and
c
in sub-paragraph (b) for “article 6(6)(b)” substitute “article 6(6)(c)”.
8
In article 8(10) after “lower tier payment” insert “or aggregated lower tier payment”.

Amendment of article 9 (payments under the ELC Scheme)
10
For Article 9 of the 2012 Order substitute—

Payments under the ELC Scheme
9
1
A payment under the ELC Scheme must be made to an approved learning provider.
2
A payment referred to in paragraph (1) may be—
a
a lower tier payment;
b
an aggregated lower tier payment; or
c
a higher tier payment.

Lower tier payments
9A
1
A lower tier payment—
a
may be up to 80% of the total cost of the tuition fees for higher level learning; but
b
must not exceed £1,000 per financial year.
2
Only one lower tier payment may be made in any financial year in respect of the qualifying service of any one person.
3
A maximum of three lower tier payments may be made in respect of the qualifying service of any one person.
4
The number of lower tier payments that may be made in respect of that qualifying service must be reduced by the number of any in-service payments made in respect of that qualifying service.
5
Where a lower tier payment has already been made, an application for a lower tier payment must be supported by written evidence from the previous approved learning provider that the applicant satisfactorily completed the study to which the previous payment related.
6
No lower tier payment may be made in respect of the qualifying service of any one person if an aggregated lower tier payment has been made in respect of that service.

Aggregated lower tier payments
9B
1
An aggregated lower tier payment—
a
may be up to 80% of the total cost of the tuition fees for higher level learning; and
b
must exceed £1,000 but not exceed £3,000.
2
Only one aggregated lower tier payment may be made in respect of the qualifying service of any one person.
3
An aggregated lower tier payment may be made if—
a
a person is eligible for an aggregated lower tier payment under article 6, 7 or 8 (as the case may be);
b
no lower tier payment has been made in respect of that service; and
c
no in-service payment has been made in respect of that service.

Higher tier payments
9C
1
A higher tier payment—
a
may be up to 80% of the total cost of tuition fees for higher level learning; but
b
must not exceed £2,000 per financial year.
2
Only one higher tier payment may be made in any financial year in respect of the qualifying service of any one person.
3
A maximum of three higher tier payments may be made in respect of the qualifying service of any one person.
4
The number of higher tier payments that may be made in respect of that qualifying service must be reduced by the number of in-service payments made in respect of that qualifying service.
5
Where a higher tier payment has already been made, an application for a higher tier payment must be supported by written evidence from the previous approved learning provider that the applicant satisfactorily completed the study to which the previous payment related.
6
No higher tier payment may be made in respect of the qualifying service of any one person if an aggregated lower tier payment has been made in respect of that service.
Article 5, revoked by this Order, enabled a person to register as a member of the ELC Scheme.