Legitimate business test
Some self-employed Reservists may be unable to satisfy the principal source of income requirement by reason of the nature of their business. Delegates must refuse these claims.
In exceptional circumstances where it would be unfair to apply the principal source of income requirement, the Reservist may submit a claim to the ESPS delegate with supporting evidence to satisfy the Legitimate Business Test.
The ESPS delegate will forward the claim to the Director of the ESPS Scheme for adjudication. Notwithstanding the inability to satisfy the principal source of income requirement, the Director, Deputy Director or Assistant Director may approve the claim if the Legitimate Business Test is satisfied.
ESPS LBT - Advice to Claimants provides further details on how to compose an application under the Legitimate Business Test provisions.
ESPS LBT - Advice to Claimants provides further details on how to compose an application under the Legitimate Business Test provisions.
