The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005

PART 2 AWARDS TO RESERVISTS

Reservist’s award

3.—(1) A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (1) of regulation 11, be entitled to claim a reservist’s award in respect of the relevant period.

(2) For the purposes of these Regulations the amount of a reservist’s award shall (subject to the cap) be—

(a) the relevant earnings of the reservist plus the daily cost of providing any benefits within paragraphs (3) or (4);

(b) less the daily rate of his current service pay and any continuing earnings from his employer.

(3) In paragraph (2) the daily cost of providing any benefits within this paragraph means the average daily cost that an adjudication officer is satisfied the reservist will incur in making—

(a) payments for health or medical insurance available for the benefit of the reservist, his spouse or partner or any dependants where—

(i) that insurance was immediately before the relevant date paid for by the employer; and

(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;

(b) payments for life insurance in respect of the reservist where—

(i) that insurance was immediately before the relevant date paid for by the employer; and

(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;

(c) any additional payments for the accommodation of the reservist, his spouse or partner or any dependants where—

(i) such accommodation was immediately before the relevant date paid for in whole or in part by the employer; and

(ii) the employer has ceased or will cease to make such payments as a result of the relevant service of the reservist;

(d) any additional payments for the educational fees for any dependent child where—

(i) such fees were immediately before the relevant date paid for in whole or in part by the employer; and

(ii) the employer has ceased or will cease to pay such fees as a result of the relevant service of the reservist;

(e) payments made by the reservist in respect of such other benefits that the reservist received from the employer where—

(i) such a benefit was immediately before the relevant date paid for by the employer; and

(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist.

(4) In paragraph (2) the daily cost of providing certain benefits within this paragraph shall mean, where immediately before the relevant date the reservist had a company car, and—

(i) that company car will no longer be at the disposal of the reservist’s spouse or partner or any dependants as a result of the relevant service of the reservist; and

(ii) no other car is available to the reservist’s spouse or partner or any dependants for their use,

an amount of £10.70 per day;

(5) For the purposes of this regulation the cap is—

(a) in the case of a reservist who is an accredited medical consultant and whose relevant service is with the Defence Medical Services as a medical consultant, £822 per day;

(b) in the case of any other reservist, £548 per day;

less his current service pay.

(6) The reservist’s award shall be calculated as a daily rate and shall be paid monthly in arrears to the reservist on the last working day of every calendar month. The amount payable each month shall be the daily rate awarded multiplied by the numbers of days in the calendar month on which the reservist performed relevant service.

Allowable expenses claim

4.—(1) A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (2) of regulation 11, be entitled to make a claim in respect of certain allowable expenses.

(2) For the purposes of this regulation allowable expenses means those expenses specified below which are incurred by the reservist as a result of his relevant service and which will cease at the end of the relevant period. Those allowable expenses are—

(a) additional payments by the reservist in respect of the care of a dependent child;

(b) additional payments made by the reservist in respect of the care of any dependent relative who is ordinarily resident with the reservist;

(c) additional payments by the reservist in respect of the care of an animal for which the reservist is responsible, but does not include—

(i) any veterinary bills that would have been incurred in any event had the reservist not been performing relevant service;

(ii) the care of animals that are the subject of a commercial activity of the reservist which forms the basis of his livelihood;

(d) additional payments made by the reservist in respect of insurance for leaving his main residence unoccupied for an extended period of time;

(e) payments made by the reservist in respect of the essential maintenance of his main residence and garden.

(3) A claim under this regulation may be for allowable expenses which have been, or will be, paid. In the case of an allowable expense which will be paid, an adjudication officer may agree to make monthly payments under this regulation subject to evidence being provided subsequently that the amounts have been paid by the reservist.

Pensions payments

5.—(1) If the reservist is a member of an occupational pension scheme (“the pension scheme”) into which his employer made contributions for the benefit of the reservist, his spouse or partner or any dependants, and such contributions are suspended by his employer during the relevant period—

(a) if the reservist elects to stay in that scheme during the relevant period; and

(b) the reservist continues to pay any contributions required of him into that scheme,

he shall be entitled to apply to an adjudication officer for a continuation of those contributions which his employer would have made into his pension scheme.

(2) When making a claim under this regulation the reservist must provide the documentation and information specified in paragraph (3) of regulation 11.

(3) An adjudication officer may direct that—

(a) the person to whom any pension contributions would have been made by the employer shall accept a payment made under this regulation as if it was a payment made into the pension scheme by the employer; and

(b) the person to whom any pension contributions are to be made by the reservist shall accept such contributions.

(4) The Secretary of State may by written notice require any person to whom such payments have been made under this regulation to provide to him, or such other person as may be designated by him, information regarding the use made of that money.

(5) This regulation shall only apply where the relevant date of the reservist falls on or after the 14th April 2005.