The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012

PART 3 THE ENHANCED LEARNING CREDIT SCHEME

Registration as a member of the ELC Scheme

5.—(1) A member of the armed forces may register as a member of the ELC Scheme—

(a) within 12 months of enlistment or commission into the armed forces; or

(b) within the six month window.

(2) Where the senior responsible officer is satisfied that, for reasons due to service, a member of the armed forces was unable to comply with the time limits in paragraph (1), that member may register outside the time limits.

Eligibility conditions for payments under the ELC Scheme

6.—(1) A service leaver is eligible for payments under the ELC Scheme for higher level learning if conditions A to D of this article are met.

(2) Condition A is that the service leaver’s course of higher level learning commences before the tenth anniversary of their ceasing to be a member of the armed forces.

(3) Condition B is that the service leaver is a member of the ELC Scheme.

(4) Condition C is that the service leaver has completed eligible service.

(5) Condition D is that the service leaver is not applying for, or in receipt of, any other payment from public funds towards the cost of tuition fees for higher level learning unless such payment is either an individual resettlement training costs grant or is made under the FHEC Scheme.

(6) In this article “eligible service” means—

(a) in relation to a lower tier payment, at least 4 years but less than 8 years qualifying service; or

(b) in relation to a higher tier payment, at least 8 years qualifying service.

(7) For both higher and lower tier payments, the period of eligible service is to be calculated in accordance with paragraphs (8) to (10).

(8) Subject to paragraph (9), eligible service commences from—

(a) the date of enlistment or commission for persons to whom article 5(1)(a) applies; or

(b) the first day of the six month window for persons to whom article 5(1)(b) applies.

(9) Where—

(a) a service leaver’s service in the armed forces commenced before 1st April 2003, and

(b) they registered as a member of the ELC Scheme before 1st April 2004,

eligible service commences from whichever is the later of 1st April 2000 and the date of enlistment or commission.

(10) Where a service leaver registered as a member of the ELC Scheme by virtue of article 5(2) and their service in the armed forces commenced—

(a) before 1st April 2003, eligible service commences from whichever is the later of 1st April 2000 and the date of enlistment or commission;

(b) on or after 1st April 2003, eligible service commences from the date of enlistment or commission.

Eligibility conditions in certain cases of attributable medical discharge

7.—(1) A service leaver who has not met conditions A to D of article 6 is eligible for payments under the ELC Scheme if conditions A to E of this article are met.

(2) Where this article applies any payment made under the ELC Scheme must be a lower tier payment.

(3) Condition A is that the service leaver is discharged on attributable medical grounds on or after 1st November 2010.

(4) Condition B is that the service leaver’s course of higher level learning commences before the tenth anniversary of their ceasing to be a member of the armed forces.

(5) Condition C is that the service leaver is a member of the ELC Scheme.

(6) Condition D is that the service leaver has completed Phase 1 and Phase 2 training.

(7) Condition E is that the service leaver is not applying for, or in receipt of, any other payment from public funds towards the costs of tuition fees for higher level learning unless such payment is either an individual resettlement training costs grant or is made under the FHEC Scheme.

Entitlement of eligible adult dependants in certain cases of death or attributable medical discharge

8.—(1) Where a member of the armed forces (A) dies and such death is caused either wholly or predominantly by service, an eligible adult dependant of A is eligible for payments under the ELC Scheme if —

(a) the conditions in either paragraph (2) or (3) are met; and

(b) the conditions in both paragraphs (11) and (12) are met.

(2) The conditions are that—

(a) A died on or after 1st April 2004, and

(b) on the date of A’s death, A was a member of the ELC Scheme and had completed the eligible service specified in either article 6(6)(a) or article 6(6)(b).

(3) The conditions are that—

(a) A died on or after 1st November 2010, and

(b) on the date of A’s death, A was a member of the ELC Scheme and had completed Phase 1 and Phase 2 training.

(4) In any case where the conditions in paragraph (2) are met the payment made under the ELC Scheme must be—

(a) a lower tier payment if on the date of A’s death, A had completed the eligible service specified in article 6(6)(a), or

(b) a higher tier payment if on the date of A’s death, A had completed the eligible service specified in article 6(6)(b).

(5) In any case where the conditions in paragraph (2) are not met but the conditions in paragraph (3) are met the payment made under the ELC Scheme must be a lower tier payment.

(6) Where a member of the armed forces (B) is discharged on attributable medical grounds, and due to the illness or injury which caused that attributable medical discharge, B is unable to undertake higher level learning, an eligible adult dependant of B is eligible for payments under the ELC Scheme if—

(a) the conditions in either paragraph (7) or (8) are met; and

(b) the conditions in both paragraphs (11) and (12) are met.

(7) The conditions are that—

(a) B’s attributable medical discharge occurred on or after 1st April 2004, and

(b) on the date of B’s attributable medical discharge, B was a member of the ELC Scheme and had completed the eligible service specified in either article 6(6)(a) or article 6(6)(b).

(8) The conditions are that—

(a) B’s attributable medical discharge occurred on or after 1st November 2010, and

(b) on the date of B’s attributable medical discharge, B was a member of the ELC Scheme and had completed Phase 1 and Phase 2 training.

(9) In any case where the conditions in paragraph (7) are met the payment made under the ELC Scheme must be—

(a) a lower tier payment if on the date of B’s attributable medical discharge B had completed the eligible service specified in article 6(6)(a), or

(b) a higher tier payment if on the date of B’s attributable medical discharge B had completed the eligible service specified in article 6(6)(b).

(10) In any case where the conditions in paragraph (7) are not met, but the conditions in paragraph (8) are met, the payment under the ELC Scheme must be a lower tier payment.

(11) The condition is that the eligible adult dependant must not be applying for, or in receipt of, any other payment from public funds towards the costs of tuition fees for higher level learning unless such funding is made under the FHEC scheme.

(12) The condition is that the eligible adult dependant’s course of higher level learning commences before the tenth anniversary of the death of A or the attributable medical discharge of B.

Payments under the ELC Scheme

9.—(1) A payment under the ELC Scheme must be made to an approved learning provider.

(2) Subject to paragraph (3) a payment referred to in paragraph (1) may be—

(a) a lower tier payment; or

(b) a higher tier payment.

(3) A lower tier payment—

(a) may be up to 80% of the total cost of the tuition fees for higher level learning; but

(b) must not exceed £1,000 per financial year.

(4) A higher tier payment—

(a) may be up to 80% of the total cost of the tuition fees for higher level learning; but

(b) must not exceed £2,000 per financial year.

(5) Only one payment may be made under the ELC Scheme in any one financial year in respect of the qualifying service of any one member of the armed forces.

(6) The maximum number of payments which may be made under the ELC Scheme in respect of the qualifying service of any one member of the armed forces is three.

(7) Where a payment has previously been made under the ELC Scheme, any subsequent application for a further payment must be accompanied by written evidence from the previous approved learning provider that the applicant satisfactorily completed the study to which the previous payment related.