The Reserve Forces (Call-out and Recall) (Financial Assistance) (Amendment) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/460
Year2015

2015No. 460

DEFENCE

The Reserve Forces (Call-out and Recall) (Financial Assistance) (Amendment) Regulations 2015

3rdMarch2015

5thMarch2015

27thMarch2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 83 and 84 of the Reserve Forces Act 1996( 1) and after consultation by him in accordance with section 85(3) of that Act.

Citation and commencement

1. These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Financial Assistance) (Amendment) Regulations 2015 and come into force on 27th March 2015.

Interpretation

2. In these Regulations "the 2005 Regulations" means the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005( 2).

Amendments to Parts 1 and 2 of the 2005 Regulations

3.-(1) In paragraph (1) of regulation 2 (general interpretation) of the 2005 Regulations-

(a) after the definition of "employer", insert-

""handover" means-

(a) a period of transfer, by the reservist, of work from the reservist to any person who is to replace the reservist during the relevant period and which an adjudication officer is satisfied the replacement needs for the performance of his or her employment as the reservist's replacement; or

(b) a period of transfer, by any person who replaced the reservist during the relevant period, of work from the replacement to the reservist and which an adjudication officer is satisfied the reservist needs, as a result of his or her relevant service, for the performance of his or her employment;";

(b) in the definition of "service pay", for "grant." substitute "grant;";

(c) after the definition of "service pay", insert-

""undertaking" has the meaning given in section 1161(1) of the Companies Act 2006( 3).".

(2) In paragraph (5)(b) of regulation 3 (reservist's award) of the 2005 Regulations, for "£548" substitute "£400".

(3) After regulation 5 (pensions payments) of the 2005 Regulations, insert-

"Self-employed reservist's award

5A.

-(1) Subject to fulfilment to an adjudication officer's satisfaction of the requirement to furnish information or documentation under paragraph (3A) of regulation 11, a self-employed reservist is entitled to claim an award under this regulation for expenses that he or she incurs in respect of the period of cessation of his or her undertaking.

(2) The amount of a self-employed reservist's award is (subject to the cap) the total of-

(a) the expenses incurred before or during the relevant period in order to effect the cessation; and

(b) any expenses incurred before, during or after the relevant period and which an adjudication officer is satisfied-

(i) fall within paragraph (3);

(ii) are in respect of his or her undertaking; and

(iii) are not expenses which the self-employed reservist has paid or will pay from earnings in respect of which he is entitled to claim an award under regulation 3 of the 2005 Regulations.

(3) For the purposes of paragraph (2)(b), the specified expenses are-

(a) the cost of insuring the business or equipment;

(b) the cost of renting business premises;

(c) business rates;

(d) profession or trade membership fees;

(e) the cost of line rental for telephone or internet;

(f) the cost of leasing vehicles or equipment.

(4) For the purposes of this regulation the...

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