The Armed Forces Early Departure Payments Scheme Order 2005

Entitlement to resettlement grants

14.—(1) A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person—

(a) has at least 12 years' relevant service,

(b) is not entitled to payments under article 9 or the immediate payment of a pension under—

(i) rule D.1 of the AFPS 2005 (retirement after reaching pension age),

(ii) rule D.5 of that Scheme (early payment of benefits: active members with permanent serious ill-health), or

(iii) rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment),

(c) either—

(i) has not previously received a payment under this article or the corresponding provisions, or

(ii) has made a repayment in respect of any payment previously so received in accordance with article 15 or the corresponding provisions, and

(d) is not a member of the AFPS 1975.

(2) The amount of the lump sum is—

(a) except in a case where paragraph (1)(c)(ii) applies, £9,000 or such greater amount as the Secretary of State may for the time being determine, and

(b) in that case, the same proportion of £9,000, or the sum the Secretary of State has for the time being determined for the purposes of sub-paragraph (a), as the amount repaid by him bore to the amount paid to him.

(3) The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the person ceases to be in service as mentioned in paragraph (1).

(4) In paragraph (1) “the corresponding provisions” means—

(a) paragraphs 13 to 18 of Schedule XIII to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Provisions) Order 2004(1),

(b) Articles 67 to 70 or 167A and 167B of the Army Pensions Warrant 1977,

(c) Article 3063 of the Queen’s Regulations for the Royal Air Force(2), and

(d) any earlier or later provisions corresponding to those mentioned in sub-paragraph (a), (b) or (c).

(1)

which is available from Service Personnel Policy (Pensions), Ministry of Defence, Main Building, Whitehall, London, SW1A 2HB.

(2)

which is available from Her Majesty’s Stationery Office.