The Armed Forces Early Departure Payments Scheme Regulations 2014
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Change 1
8 Eligibility for early departure payments
(1) A person is eligible for payments under regulation 9 (entitlement to early departure payments) if the person meets conditions A to E. (2) Condition A is that the person is a member of the regular forces, other than an excluded person. (3) Condition B is that the person ceases to be in service as a member of the regular forces on or after attaining the age of 40 and before attaining normal pension age. (4) Condition C is that the person has completed at least 20 years, continuous or aggregated qualifying service in the regular forces, in accordance with regulation 7 (meaning of “qualifying service”). (5) Condition D is that the person is not entitled to the immediate payment of a pension under— (a) regulation 51 (entitlement to ill-health pension: active members with permanent serious ill-health) of the AFPS 14 regulations, or (b) regulation 52 (entitlement to ill-health pension: active members with significant impairment of capacity for gainful employment) of the AFPS 14 regulations. (6) Condition E is that the person is not entitled to a payment under regulation 19 (lump sum awards: incapacity for armed forces service) which the scheme administrator determines should be paid instead of a payment under regulation 9 (entitlement to early departure payments). (7) In paragraph (2) “excluded person” means— (a) any person, the terms of whose service excludes that person from eligibility for payments under regulation 9, unless the Secretary of State has agreed to treat that person as if their terms of service do not exclude them; and (b) person who— (i) is not an active member of AFPS 14, or (ii) is not eligible to be a member of AFPS 14.
8 Eligibility for early departure payments
(1) A person is eligible for payments under regulation 9 (entitlement to early departure payments) if the person meets conditions A to E. (2) Condition A is that the person is a member of the regular forces, other than an excluded person. (3) Condition B is that the person ceases to be in service as a member of the regular forces on or after attaining the age of 40 and before attaining normal pension age. (4) Condition C is that the person has completed at least 20 years, continuous or aggregated qualifying service in the regular forces, in accordance with regulation 7 (meaning of “qualifying service”). (5) Condition D is that the person is not entitled to the immediate payment of a pension under— (a) regulation 51 (entitlement to ill-health pension: active members with permanent serious ill-health) of the AFPS 14 regulations, or (b) regulation 52 (entitlement to ill-health pension: active members with significant impairment of capacity for gainful employment) of the AFPS 14 regulations. (6) Condition E is that the person is not entitled to a payment under regulation 19 (lump sum awards: incapacity for armed forces service) which the scheme administrator determines should be paid instead of a payment under regulation 9 (entitlement to early departure payments). (7) In paragraph (2) “excluded person” means— (a) any person, the terms of whose service excludes that person from eligibility for payments under regulation 9, unless the Secretary of State has agreed to treat that person as if their terms of service do not exclude them; and (b) person who— (i) is not an active member of AFPS 14, or (ii) is not eligible to be a member of AFPS 14.
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