The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

[F1Adjustment and ReconciliationU.K.

This section has no associated Explanatory Memorandum

42B.—(1) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—

(a)the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and

(b)the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.

(3) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.]

Textual Amendments