Article 12(1)F2

SCHEDULE 2U.K.MODIFICATIONS FOR RESERVE FORCES

1.  The following definitions are inserted in article 2(1) in the appropriate alphabetical order—

“relevant service” has the same meaning as in regulations made under sections 83 and 84 of the Reserve Forces Act 1996 M1;

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“reservist's award” means an award payable to a member of a reserve force by virtue of regulations made under sections 83 and 84 or the Reserve Forces Act 1996 in respect of financial loss suffered by him during relevant service, but does not include—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42A.  For article 27 there is substituted the following—

“27.—(1) This article applies where death is caused (wholly or partly) by service in the reserve forces.

(2) Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.

(3) Subject to paragraph (4), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.

(4) Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the day of death and the amount specified in paragraph (2).

(5) Where a former member of the reserve forces dies, the bereavement grant is £37,500.

(6) In the event that there is more than one surviving spouse entitled to the bereavement grant, the amount to which each such surviving spouse is entitled shall be the amount payable, in accordance with the provisions of this article, divided by the number of spouses so entitled at the date of death of the member or former member of the reserve forces.

(7) In this article—

(a)“active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995 M2;

(b)“reserve forces pension scheme” means the FTRSPS 2010, the NPRSPS or the RFPS 2005.”]

3.  For article 31 there is substituted the following article—

“31.—(1) —(1) Where a person is entitled to guaranteed income payment, survivor's guaranteed income payment or child's payment for any period during which he is also entitled to—

(a)a pension under the AFPS 1975 or the AFPS 2005 (“a pension”);

(b)a payment under the Armed Forces Early Departure Payments Scheme Order 2005 (“a payment”);

(c)a pension under the [F5the FTRSPS 2010, the NRPSPS or the RFPS 2005](“a reserve forces pension”); or

(d)benefit under an occupational pension scheme or a personal pension scheme in respect of the same injury or death for which guaranteed income payment, survivor's guaranteed income payment or child's payment is paid (“a civilian pension”)

the guaranteed income payment, survivor's guaranteed income payment or child's payment as the case may be is reduced in accordance with paragraphs (2) and (3).

(2) Where a person is entitled to a guaranteed income payment for any period during which he is also entitled to—

(a)a pension or a reserve forces pension which is not an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, a payment, or a civilian pension, then the amount of the guaranteed income payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension, payment or civilian pension;

(b)a pension or a reserve forces pension which is an invaliding or ill-health pension paid for the same injury for which the guaranteed income payment is paid, then the amount of guaranteed income payment is reduced by the full amount of the invaliding or ill-health pension.

(3) Where a person is entitled to a survivor's guaranteed income payment or a child's payment for any period during which he is also entitled to a pension, reserve forces pension or civilian pension, then the amount of the survivor's guaranteed income payment or child's payment is reduced by 75 per cent. of the amount of that pension, reserve forces pension or civilian pension.

(4) In this article—

(a)any reference to a pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension means the gross amount [F6, irrespective of any commutation,] of that pension, payment, reserve forces pension, civilian pension, invaliding pension or ill-health pension;

(b)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 M3;

(e)“personal pension scheme” means a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 M4 or provisionally approved under section 655(5) of that Act.”