The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

Eligible child - further provisions

24.—(1) A person who is aged under 19 on the day on which he ceases to be in full-time education is treated as being in such education until the first of the following days after he so ceases—

(a) the second Monday in January;

(b) the second Monday after Easter Monday;

(c) the second Monday in September;

(d) his 19^th birthday;

(e) the day on which he becomes engaged full-time in gainful employment.

(2) A person who, on the day of the death of a member or former member of the forces, is aged under 23 and taking a break from full-time education or vocational training not exceeding one academic year is treated as continuing such education or training during the break for the purpose of determining whether the person is an eligible child on that day.

(3) A person who, on the day of the death of a member or former member of the forces—

(a) has finished full-time education at school;

(b) has not started further full-time education or vocational training; and

(c) is taking a break not exceeding 15 months

is treated as continuing such education or training during the break for the purposes of determining whether the person is an eligible child on that day.

(4) An eligible child—

(a) who takes a break from full-time education or vocational training not exceeding one academic year; or

(b) who—

(i) finishes full-time education at school,

(ii) takes a break not exceeding 15 months before starting further full-time education or vocational training,

shall be treated as continuing such education or training during one academic year in the case of paragraph (a) and during 15 months in the case of paragraph (b) for the purpose of determining whether the person is an eligible child during the break.

(5) A person aged over 17 and under 23 who has ceased full-time education or vocational training because of ill health is treated, for the purpose of determining whether he is an eligible child, as continuing such education or training until either—

(a) he resumes such education or training; or

(b) he is no longer ill and does not resume such education or training; or

(c) his ill health is such that he is unable to resume such education or training.

(6) Nothing in paragraphs (2), (3) or (4) requires child’s payment to be paid in respect of such a child during the break.

(7) A person is no longer treated as an eligible child if a break referred to in paragraph (2), (3), (4) or (5) lasts for longer than the periods mentioned in those paragraphs.