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

PART 2 AMENDMENT OF PART 1 OF THE 2012 ORDER (PRELIMINARY)

Amendment of article 2 (interpretation)

3.  Article 2 of the 2012 Order is amended as follows—

(a) omit the following definitions—

(i) “the Armed Forces Pension Scheme 1975”; and

(ii) “the Armed Forces Pension Scheme 2005”;

(b) insert the following definitions in the appropriate place—

“aggregated lower tier payment” is a payment in accordance with article 9B(1);

“disablement pension” means retired pay or pension awarded under article 6 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(1);

“guaranteed income payment” means a guaranteed income payment paid under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(2); and

“in-service payment” is a payment made under the enhanced learning credit scheme established by the Secretary of State and set out in Defence Direction and Guidance on Training, Education and Skills(3) during qualifying service and on or after 1st April 2016;

(c)

in the definition of “higher tier payment” for “has the meaning given by article 9(4)” substitute “is a payment in accordance with article 9C(1)”; and

(d)

in the definition of “lower tier payment” for “has the meaning given by article 9(3)” substitute “is a payment in accordance with article 9A(1)”.

Amendment of article 3 (definition of “eligible adult dependant”)

4.  For article 3(2) and (3) of the 2012 Order substitute—

“(2) A person is an eligible partner of a member of the armed forces if the Secretary of State is satisfied that—

(a) the person and the member are cohabiting as partners in an exclusive and substantial relationship;

(b) the person and the member are not prevented from marrying or entering into a civil partnership; and

(c) either the person is financially dependent on the member or the person and the member are financially interdependent.

(3) A person is a surviving eligible partner of a member of the armed forces if the Secretary of State is satisfied that at the date of the member’s death—

(a) the person and the member were cohabiting as partners in an exclusive and substantial relationship;

(b) the person and the member were not prevented from marrying or entering into a civil partnership; and

(c) either the person was financially dependent on the member or the person and the member were financially interdependent.”.

(1)

S.I. 2006/606, to which there are amendments not relevant to this Order.

(2)

S.I. 2011/517, to which there are amendments not relevant to this Order.

(3)

See Joint Service Publication 898, available from the website: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/433761/20141126-JS_898_Part1_Direction_v1_1.pdf