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The Redundant Association Officers Compensation Regulations 1967

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PART VIIIGENERAL PROVISIONS AS TO ASSESSMENT AND PAYMENT OF COMPENSATION

Deductions for redundancy payments and national insurance benefits

27.—(1) A deduction shall be made from compensation payable to a person under these regulations by reason of loss of employment as an officer of an Association of a sum equivalent to any payments assessed in accordance with the Redundancy Payments Act 1965which are made to him by reason of that loss.

(2) A deduction shall be made from resettlement compensation payable to a person under these regulations of a sum equivalent to any national insurance benefits claimable by him in respect of a period in respect of which resettlement compensation is also payable.

(3) A deduction shall be made from long term compensation payable to a person under these regulations by reason of loss of employment as an officer of an Association of a sum equivalent to the amount by which the aggregate of the national insurance benefits claimable by him in respect of a week in respect of which long term compensation is also payable, and the weekly rate at which long term compensation, but for this regulation, would be payable, exceeds two thirds of the weekly rate of the net annual emoluments as such an officer which he has lost.

(4) The deduction under this regulation of a sum from compensation shall be effected by reducing the compensation to such extent and for such period as the Secretary of State may determine until the sum has been deducted.

(5) (a) In this regulation “national insurance benefits” means unemployment, sickness or injury benefits claimable under the statutes relating to national insurance (excluding any amount claimable in respect of a dependant).

(b)For the purposes of this regulation the weekly rate at which long term compensation is payable shall be deemed to be seven three hundred and sixty-fifths of the annual rate at which long term compensation is payable at the time in question, and the weekly rate of net annual emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments.

Calculation of reckonable service

28.—(1) If a person has been employed in any relevant employment and under the conditions of his service in that employment for all or any part of it worked for less hours than are normally worked by persons in that employment (excluding overtime) for the purpose of calculating compensation under these regulations his reckonable service shall be proportionately reduced.

(2) For the purpose of calculating compensation under these regulations:—

(a)periods of reckonable service shall be aggregated;

(b)if the total reckonable service amounts to a fraction of a year, or to a complete year or complete years and a fraction of a year, the fraction shall if it equals or exceeds six months be treated as a year, and if not shall be disregarded.

Intervals for payment of compensation

29.  Resettlement and long term compensation may be paid to a person at intervals corresponding to those at which his emoluments as an officer of an Association were paid, and compensation awarded as annual sums under Parts V, VI and VII of these regulations may be paid to a person at intervals equivalent to those at which a corresponding benefit would have been payable under the relevant pension scheme if any, or in either case at such intervals as may be agreed between the recipient and the Secretary of State, or in the absence of agreement as may be determined by the Secretary of State.

Persons to whom compensation may be paid

30.—(1) Subject to paragraph (2) of this regulation, compensation under these regulations payable to a person may be paid to his authorised representative or agent for the benefit of that person; but, subject to any statutory provision providing for other payment, not otherwise.

(2) Where a person to whom compensation under these regulations might have been paid has died, any compensation by way of a lump sum which might have been paid to that person before his death, and any compensation by way of a periodic payment relating to a period before his death which might have been paid to him, may be paid to his personal representatives, and his personal representatives may present a claim for any such compensation, and reference to the submission or making of claims by a person shall be construed accordingly.

Duty to notify changes in public employment and receipt of national insurance benefits

31.  Where a person in receipt of long term compensation enters employment the remuneration whereof is payable out of public funds, or ceases to hold such employment, or receives any increase in his remuneration in such employment or receives national insurance benefits as defined by regulation 27 he shall forthwith inform the Secretary of State in writing of that fact.

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