The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/859 |
| Year | 2005 |
2005 No. 859
DEFENCE
The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005
Made 21th March 2005
Laid before Parliament 23th March 2005
Coming into force 14th April 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 83 and 84 of the Reserve Forces Act 19961and after consultation by him in accordance with section 85(3) of that Act, hereby makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005 and shall come into force on the 14th April 2005.
General interpretation
2.—(1) In these Regulations—
“the 1996 Act” means the Reserve Forces Act 1996;
“the 1997 Regulations” means the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 19972;
“accredited medical consultant” means a person who is on the Specialist Register of the General Medical Council;
“adjudication officer” means a person appointed by or in accordance with directions of the Secretary of State or the Defence Council to determine claims under these Regulations;
“company car” means a car or van—
(a) that is made available (without any transfer of the property in it by an employer) to an employee, his spouse or partner or any dependants ; and
(b) is so made available by reason of the employment; and
(c) is available for the private use of the employee, his spouse or partner or any dependants;
“continuing earnings” means the average daily earnings which an adjudication officer is satisfied that the reservist is continuing to receive from his employer during his relevant service;
“earnings” includes—
(a) salary, wages, fees, drawings, gratuities and commission; and
(b) service pay payable to a reservist for service other than for relevant service;
but does not include—
(i) any allowance or grant payable to the reservist in connection with his service as a member of the armed forces;
(ii) any sums paid or payable by way of bounty to the reservist in respect of his undertaking prescribed training as a reservist and attaining a prescribed standard of efficiency;
(iii) any payments made for the benefit of the reservist, his spouse or partner, or any dependants for accommodation or educational fees, or premiums in relation to pension schemes, health or medical insurance or life insurance or such other benefits as may be the subject of an award under paragraph (3)(f) of regulation 3;
(iv) the value of any payments in respect of any company car provided by the reservist’s employer and available for private use by him, his spouse or partner, or any dependants;
“employer” means a person with whom the reservist has—
(a) a contract of service;
(b) a contract of apprenticeship;
(c) a contract for employment in the service of the Crown; or
a person who is self-employed;
“partner” means any cohabitating partner (including a partner of the same sex);
“relevant date” means either the day on which a reservist reports for service (when he is subsequently accepted into permanent service) or the date on which he is accepted for permanent service, whichever is the earlier;
“relevant earnings” means in relation to a reservist, the average daily earnings which in the opinion of an adjudication officer the reservist might reasonably have expected to earn, but for performing relevant service, in the service of the employer over the 365 days immediately following the relevant date;
“relevant period” is the period beginning on the “relevant date” and ending on the termination of the “relevant service” of the reservist;
“relevant service” means permanent service on or after the 14th April 2005—
(a) under Part IV of the 1996 Act;
(b) under a call-out or recall order;
(c) by a person called out or recalled under the Reserve Forces Act 19803or under any other call-out or recall obligations of an officer;
but shall not include any period in which the reservist is serving a term of imprisonment or detention under the sentence of a court-martial or a court of law in the British Islands or any colony;
“replacement costs” means the daily rate of—
(a) pay to any replacement of the reservist;
(b) any—
(i) overtime payments to existing employees;
(ii) increases in salary of existing employees;
where an adjudication officer is satisfied that they are attributable to the absence of the reservist;
“reservist” means a person called out or recalled for relevant service;
“service pay” means any pay payable to a reservist for service in the armed forces excluding any bounty, allowance or grant.
(2) Where a person is performing relevant service and the date on which he is entitled to be released or discharged has been postponed under sections 45(6), 53(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, the termination of relevant service means the day on which the reservist actually ceases the relevant service after the period of extension, and not the date on which he would otherwise have been entitled to be released or discharged from that service.
PART 2
AWARDS TO RESERVISTS
Reservist’s award
3.—(1) A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (1) of regulation 11, be entitled to claim a reservist’s award in respect of the relevant period.
(2) For the purposes of these Regulations the amount of a reservist’s award shall (subject to the cap) be—
(a)
(a) the relevant earnings of the reservist plus the daily cost of providing any benefits within paragraphs (3) or (4);
(b)
(b) less the daily rate of his current service pay and any continuing earnings from his employer.
(3) In paragraph (2) the daily cost of providing any benefits within this paragraph means the average daily cost that an adjudication officer is satisfied the reservist will incur in making—
(a)
(a) payments for health or medical insurance available for the benefit of the reservist, his spouse or partner or any dependants where—
(i) that insurance was immediately before the relevant date paid for by the employer; and
(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;
(b)
(b) payments for life insurance in respect of the reservist where—
(i) that insurance was immediately before the relevant date paid for by the employer; and
(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;
(c)
(c) any additional payments for the accommodation of the reservist, his spouse or partner or any dependants where—
(i) such accommodation was immediately before the relevant date paid for in whole or in part by the employer; and
(ii) the employer has ceased or will cease to make such payments as a result of the relevant service of the reservist;
(d)
(d) any additional payments for the educational fees for any dependent child where—
(i) such fees were immediately before the relevant date paid for in whole or in part by the employer; and
(ii) the employer has ceased or will cease to pay such fees as a result of the relevant service of the reservist;
(e)
(e) payments made by the reservist in respect of such other benefits that the reservist received from the employer where—
(i) such a benefit was immediately before the relevant date paid for by the employer; and
(ii) the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist.
(4) In paragraph (2) the daily cost of providing certain benefits within this paragraph shall mean, where immediately before the relevant date the reservist had a company car, and—
(i)
(i) that company car will no longer be at the disposal of the reservist’s spouse or partner or any dependants as a result of the relevant service of the reservist; and
(ii)
(ii) no other car is available to the reservist’s spouse or partner or any dependants for their use,
an amount of £10.70 per day;
(5) For the purposes of this regulation the cap is—
(a)
(a) in the case of a reservist who is an accredited medical consultant and whose relevant service is with the Defence Medical Services as a medical consultant, £822 per day;
(b)
(b) in the case of any other reservist, £548 per day;
less his current service pay.
(6) The reservist’s award shall be calculated as a daily rate and shall be paid monthly in arrears to the reservist on the last working day of every calendar month. The amount payable each month shall be the daily rate awarded multiplied by the numbers of days in the calendar month on which the reservist performed relevant service.
Allowable expenses claim
4.—(1) A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (2) of regulation 11, be entitled to make a claim in respect of certain allowable expenses.
(2) For the purposes of this regulation allowable expenses means those expenses specified below which are incurred by the reservist as a result of his relevant service and which will cease at the end of the relevant period. Those allowable expenses are—
(a)
(a) additional payments by the reservist in respect of the care of a dependent child;
(b)
(b) additional payments made by the reservist in respect of the care of any dependent relative who is ordinarily resident with the reservist;
(c)
(c) additional payments by the reservist in respect of the care of an animal for which the reservist is responsible, but does not include—
(i) any veterinary bills that would have been incurred in any event had the reservist not been performing relevant service;
(ii) the care of...
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