The Employment and Support Allowance Regulations 2008

Regulation 2(2)

SCHEDULE 1 HER MAJESTY’S FORCES

PART 1 Prescribed establishments and organisations

1.  Any of the regular naval, military or air forces of the Crown.

2.  Royal Fleet Reserve.

3.  Royal Navy Reserve.

4.  Royal Marines Reserve.

5.  Army Reserve.

6.  Territorial Army.

7.  Royal Air Force Reserve.

8.  Royal Auxiliary Air Force.

9.  The Royal Irish Regiment, to the extent that its members are not members of any force falling within paragraph 1.

PART 2 Establishments and organisations of which Her Majesty’s forces do not consist

10.  Her Majesty’s forces are not to be taken to consist of any of the establishments or organisations specified in Part 1 of this Schedule by virtue only of the employment in such establishment or organisation of the following persons—

(a) any person who is serving as a member of any naval force of Her Majesty’s forces and who (not having been an insured person under the National Insurance Act 1965(1) and not having been a contributor under the Social Security Act 1975(2) or not being a contributor under the Contributions and Benefits Act) locally entered that force at an overseas base;

(b) any person who is serving as a member of any military force of Her Majesty’s forces and who entered that force, or was recruited for that force outside the United Kingdom, and the depot of whose unit is situated outside the United Kingdom;

(c) any person who is serving as a member of any air force of Her Majesty’s forces and who entered that force, or was recruited for that force, outside the United Kingdom, and is liable under the terms of engagement to serve only in a specified part of the world outside the United Kingdom.

(1)

1965 c. 51.

(2)

1975 c. 14.