Statutory Instrument 1997 No. 309

The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997 , ISBN 0 11 063951 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1996 Act" means the Reserve Forces Act 1996[2];

"adjudication officer" means a person appointed by or in accordance with the directions of the Secretary of State or the Defence Council to determine claims under these Regulations;

"average weekly earnings" means - 

(a) the earnings paid by an employer to a reservist in the 52 weeks immediately preceding the relevant date divided by 52, and increased by a percentage which appears to the Secretary of State to represent the rate of increase in incomes in the United Kingdom in the year ending with the relevant date, or

(b) if - 


(i) the reservist began employment with an employer on a day less than 52 weeks before the relevant date, or

(ii) in the opinion of the adjudication officer the figure calculated by the method described in sub-paragraph (a) above would not be a reliable estimate of the reservist's average weekly earnings,



the earnings which the reservist reasonably expects that he would have earned in the service of an employer, but for performing relevant service, in the 52 weeks immediately following the relevant date divided by 52;

"claimant" means a reservist or an employer who is claiming an award under these Regulations;

"earnings" includes - 

(a) salary, wages, fees, drawings and gratuities payable to a reservist;

(b) service pay payable to a reservist for service other than relevant service,

but does not include - 

(i) any payments made for the benefit of the reservist, his spouse or dependants for accommodation or educational fees, or premiums in relation to a pension scheme, health or medical insurance or life assurance;

(ii) the value of or payments in respect of any motor vehicle provided by the reservist's employer and available for the private use of him, his spouse or dependants;

"employer" means any person who is an employer of a reservist on the relevant date and includes - 

(a) a reservist who is self-employed;

(b) a partnership within the meaning of the Partnership Act 1890[3] of which the reservist is a partner;

(c) a company of which the reservist is a director other than a non-executive director;

(d) a Secretary of State or government department or any officer or body exercising on behalf of the Crown functions conferred by any statute, for whom a reservist works as a Crown servant;

"relevant date" means, subject to paragraph (2) below, the day on which a reservist is accepted into service for the purpose of performing relevant service;

"relevant service" means permanent service - 

(a) under Part IV of the 1996 Act;

(b) in relation to a claim by a reservist under regulation 3 or 4 below, under Part V of the 1996 Act;

(c) under a call-out or recall order;

(d) by a person called out or recalled under the 1980 Act or under any other call-out or recall obligations of an officer,

in respect of which a claim is made, 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;

"reservist" means a person called out or recalled for relevant service;

"service pay" means any pay, bounty or allowance payable to a reservist for service in the armed forces but excluding any allowance payable for the cost of living overseas or for reimbursement of expenses.

    (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 section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, "the relevant date" means the day on which he would otherwise have been entitled to be released or discharged from that service.

Reservist's hardship awards
     4 .  - (1) A reservist shall, if the adjudication officer is satisfied that - 

(a) the reservist has suffered, or will suffer, financial hardship as a result of performing relevant service; and

(b) a reservist's standard award has been or will be insufficient to relieve such hardship,

be entitled to a reservist's hardship award.

    (2) For the purposes of these Regulations "a reservist's hardship award" means an amount sufficient to relieve the hardship which a reservist has suffered or will suffer as a direct result of his performing relevant service.

    (3) In this regulation and in regulation 6 below, "costs" means expenditure reasonably incurred by the employer in replacing the services of a reservist during the period of that reservist's relevant service, less any expenditure which would have been incurred by the employer but for the reservist's absence performing relevant service.

Employer's hardship awards
     6 .  - (1) An employer shall, if an adjudication officer is satisfied that - 

(a) the employer is eligible for an employer's standard award and has incurred costs exceeding one and a half times the amount to which an award under regulation 5(2)(a) or (b) is limited; and

(b) the incurring of such costs has caused or will cause that employer financial hardship which an employer's standard award will be insufficient to relieve,

be entitled to an employer's hardship award.

    (2) For the purposes of this Part and Part IV "an employer's hardship award" means an amount sufficient to relieve the hardship referred to in paragraph 1(b) above.