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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Armed Forces (Gurkha Compensation) Order 2007 No. 2609 URL: http://www.bailii.org/uk/legis/num_reg/2007/20072609.html |
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| Made | 6th September 2007 | ||
| Laid before Parliament | 10th September 2007 | ||
| Coming into force | 1st October 2007 |
(3) In article 2(3) (meaning of "discharged on medical grounds")—
(4) In article 12(2) (application of Schedule 3 to the Order to Gurkhas) at the end insert "or former Gurkhas who are not members of the AFPS 1975 or the AFPS 2005".
(5) For Schedule 3 substitute —
(2) The relevant date is—
(b) for the purposes of article 26 or 28—
(3) In paragraph (2) "the option closing date" means 31st January 2008 or, if the last date on which an option under rule L.3 of the AFPS 2005[3] may be exercised is later, that last date.
2.
In the definition of "relevant factor" in articles 16(5), 26(3) and 28(6) for the words from "column (b)" to "column (a)" substitute "the second column of the table set out in Schedule 3 in relation to the relevant age specified in the first column".
3.
For article 31 substitute—
(2) If a former Gurkha is entitled to a guaranteed income payment for any period during which the former Gurkha is also entitled to a pension by virtue of the Gurkha Pension Scheme, guaranteed income payment is reduced by the amount of that pension.
(3) If a person who is the surviving spouse, civil partner or other adult dependant of the Gurkha or former Gurkha is entitled to a survivor's guaranteed income payment for any period during which the person is also entitled to a family pension in respect of the deceased Gurkha or former Gurkha by virtue of the Gurkha Pension Scheme, survivor's guaranteed income payment is reduced by the amount of that pension
(4) Paragraphs (5) and (6) apply if the Gurkha or former Gurkha dies—
(5) If there is only one eligible child, the child's payment is reduced by the amount of the family pension.
(6) If there are two or more eligible children, the child's payment paid to or in respect of each eligible child is reduced by the amount of the family pension, divided by the number of eligible children.".
4.
This is the table referred to in articles 16(5), 26(3) and 28(6) (as modifed by paragraph 2)—
Table of Guaranteed Income Payment Factors
| Age last birthday | Guaranteed income payment factor |
| 16 | 0.841 |
| 17 | 0.834 |
| 18 | 0.828 |
| 19 | 0.822 |
| 20 | 0.814 |
| 21 | 0.807 |
| 22 | 0.800 |
| 23 | 0.792 |
| 24 | 0.783 |
| 25 | 0.774 |
| 26 | 0.766 |
| 27 | 0.756 |
| 28 | 0.746 |
| 29 | 0.736 |
| 30 | 0.725 |
| 31 | 0.713 |
| 32 | 0.701 |
| 33 | 0.688 |
| 34 | 0.675 |
| 35 | 0.660 |
| 36 | 0.646 |
| 37 | 0.630 |
| 38 | 0.613 |
| 39 | 0.596 |
| 40 | 0.577 |
| 41 | 0.558 |
| 42 | 0.538 |
| 43 | 0.515 |
| 44 | 0.492 |
| 45 | 0.467 |
| 46 | 0.440 |
| 47 | 0.411 |
| 48 | 0.382 |
| 49 | 0.348 |
| 50 | 0.314 |
| 51 | 0.276 |
| 52 | 0.235 |
| 53 | 0.191 |
| 54 | 0.144 |
| 55 | 0.091 |
| Over 55 | 0.091" |
Signed by authority of the Secretary of State for Defence.
Derek Twigg
Under Secretary of State Ministry of Defence
6th September 2007
[2] S.I. 2005/439, to which there are amendments which are not relevant to this Order.back
[3] Part L of the Armed Forces Pension Scheme 2005 is inserted by article 2 of the Armed Forces (Gurkha Pensions) Order 2007 S.I. 2007/2608.back
