Citation, commencement and extent

1. These Regulations—

(a)may be cited as the Armed Forces Pension (Amendment) Regulations 2026;

(b)come into force on 11th June 2026;

(c)extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Armed Forces Pension Scheme Order 2005

2.—(1) The Armed Forces Pension Scheme Order 2005(2) is amended as follows.

(2) In Schedule 2 (transitional provision), in paragraph 23, for “1st April 2015” substitute “their transition date”.

Amendment of the Armed Forces Early Departure Payments Scheme Order 2005

3.—(1) The Armed Forces Early Departure Payments Scheme Order 2005(3) is amended as follows.

(2) In article 9 (entitlement to early departure payments)—

(a)in paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (6)”;

(b)after paragraph (5) insert—

“(6) If on a review under regulation 58 of the AFP Regulations 2014 (member’s request for review of ill-health awards), a person entitled to payments under this article becomes entitled to a pension under regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) of the AFP Regulations 2014, then that person ceases to have any entitlement under this article from the date the pension under regulation 52 becomes payable.”.

Amendment of the Armed Forces Pension Regulations 2014

4.—(1) The Armed Forces Pension Regulations 2014(4) are amended as follows.

(2) In regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment), in paragraph (1)—

(a)in sub-paragraph (a)(i) omit “any”;

(b)in sub-paragraph (b) for “any gainful employment” substitute “carrying on their occupation”.

(3) In regulation 58 (member’s request for review of ill-health awards)—

(a)at the end of paragraph (1)(b) insert “or an early departure payment in lieu.”;

(b)in paragraph (2)(a) for “or lump sum” substitute “, lump sum under EDP 2014 regulation 19 or an early departure payment in lieu”;

(c)in paragraph (8)(b)(i), after “regulation 19” insert “or an early departure payment in lieu”;

(d)in paragraph (9)—

(i)in sub-paragraph (a)(ii), after “regulation 19” insert “or an early departure payment in lieu”;

(ii)in sub-paragraph (b) for the words from “then regulation 52” to the end substitute “ ,

then regulation 52 applies from the time when the conditions in regulation 52(1)(a) are first met, and accordingly the member is entitled to a pension under that regulation payable from that time and the scheme manager may set off against such entitlement the amount of any relevant payment.”;

(e)after paragraph (9) insert—

“(9A) For the purposes of paragraph (9) “relevant payment” means—

(a)the amount of any lump sum paid under EDP 2014 regulation 19, including any amounts paid under that regulation by virtue of article 16(4A)(d) of the Armed Forces Early Departure Payments Scheme Order 2005 (“EDP 2005”), or

(b)the amount of any payments received under EDP 2014 regulation 10, including any amounts paid under that regulation by virtue of article 10(8A)(b) of EDP 2005.”;

(f)in paragraph (10)—

(i)in sub-paragraph (a)(ii), after “regulation 19” insert “or an early departure payment in lieu”;

(ii)for the words from “then regulation 52 applies” to the end substitute “the member is entitled to a pension under regulation 52 payable from the date on which the review was requested.”;

(g)after paragraph (10) insert—

“(11) For the purposes of this regulation, “early departure payment in lieu”—

(a)means a payment under regulation 9 of the EDP 2014 (entitlement to early departure payments), where the scheme manager determines that payment should be made instead of a payment under EDP 2014 regulation 19;

(b)includes payments made to a person entitled to payment under article 16 of the EDP 2005 where such payment is made under the EDP 2014 by virtue of article 10(8A)(b) of EDP 2005.”.

Amendment of the Armed Forces Early Departure Payments Scheme Regulations 2014

5.—(1) The Armed Forces Early Departure Payments Scheme Regulations 2014(5) are amended as follows.

(2) In regulation 9 (entitlement to early departure payments), after paragraph (4) insert—

“(5) If, on a review under regulation 58 (member’s request for review of ill-health awards) of the AFPS 14 regulations, a person entitled to payments under this regulation becomes entitled to a pension under regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) of the AFPS 14 regulations, then that person ceases to have any entitlement under this regulation from the date the pension under regulation 52 becomes payable.”.

Date from which amendments have effect

6. The amendments made by these Regulations (other than regulation 4(3)(f)) have effect from 1st April 2015.