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This Statutory Instrument has been made in consequence of defects in S.I. 2016/310 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 226

Pensions

The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021

Made

2nd March 2021

Laid before Parliament

8th March 2021

Coming into force

30th March 2021

The Secretary of State makes the following Order in exercise of the power in section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004( 1 ):

Citation and commencement

1. This Order may be cited as the Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021 and comes into force on 30th March 2021.

Amendment of the Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012

2. —(1)The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012( 2 ) is amended as follows.

(2) In article 6(5A) (eligibility conditions for payments under the ELC Scheme)

(a) in sub-paragraph (a), for “2011” substitute “2016”; and

(b) omit sub-paragraph (b).

(3) In article 7(8) (eligibility conditions in certain cases of attributable medical discharge)

(a) in sub-paragraph (a), for “2011” substitute “2016”; and

(b) omit sub-paragraph (b).

(4) In article 10(10A) (eligibility conditions for payments to service leavers under the FHEC Scheme)

(a) in sub-paragraph (a), for “2011” substitute “2016”; and

(b) omit sub-paragraph (b).

(5) In article 12 (payments under the FHEC Scheme), for the text which was substituted for paragraph (4) by article 13(4) of the Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016( 3 ) substitute—

(4) Where an approved learning provider is located in Wales, “capped fees” means—

(a) where the applicant is a qualifying person undertaking a qualifying course provided by an approved learning provider in relation to which there is an approved plan, the applicable fee limit; or

(b) in all other cases, £6,000.

(4A) In paragraph (4), “applicable fee limit”, “approved plan”, “qualifying person” and “qualifying course” have the meanings given in section 57(1) of the Higher Education (Wales) Act 2015 ( 4 ) (interpretation). .

Johnny Mercer

Parliamentary Under Secretary of State

Ministry of Defence

2nd March 2021

( 1 )

2004 c.32 ; section 1 was amended by the Public Service Pensions Act 2013 (c.25) , Schedule 8, paragraph 28.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021 (2021/226)

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