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Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996

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Housing Payments

Interpretation

2.—(1) This paragraph has effect for defining expressions used in this Schedule.

(2) “Qualifying member” means a member who—

(a)immediately before 1st September 1994 was a member of the Royal Ulster Constabulary Reserve or another police force,

(b)was not then on unpaid leave,

(c)has at all times after 31st August 1994 been a member of the Royal Ulster Constabulary Reserve or another police force, and

(d)has not after that date been on unpaid leave.

(3) “Rejoining member” means a member who by reason only of a relevant absence is not a qualifying member.

(4) “Relevant absence” means—

(a)a period of central service or overseas service, or

(b)a period of unpaid leave,

ending after 31st August 1994.

(5) “Housing emoluments” means any one or more of the following kinds of payments under the revoked provisions as they had effect before 1st September 1994—

(a)a housing allowance under regulation 35,

(b)a transitional rent allowance and a transitional supplementary rent allowance under regulation 35B,

(c)a supplementary housing allowance under regulation 36, and

(d)a compensatory grant under regulation 37,

and in relation to a rejoining member includes a rent allowance under regulation 35 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b).

(6) “The revoked provisions” means the provisions of the 1988 regulations relating to housing and housing payments that were revoked on 1st September 1994(1), that is to say regulations 35 to 37.

Qualifying member previously provided with accommodation

3.—(1) A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.

(2) The replacement allowance is, subject to paragraph 8, an allowance at a rate equal to the total of—

(a)the rate at which housing allowance or, as the case may be, transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and

(b)the rate at which any allowance under regulation 35(6) or 36(3) was or would have been then payable.

Qualifying member with housing emoluments

4.—(1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Rejoining member previously provided with accommodation

5.—(1) A rejoining member who, immediately before the relevant absence began, was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable—

(a)where the relevant absence began before 1st September 1994, immediately before it began, and

(b)in any other case, immediately before 1st September 1994.

Rejoining member previously in receipt of housing payments

6.—(1) A rejoining member who immediately before the relevant absence began was in receipt—

(a)of housing emoluments, or

(b)of a replacement allowance under paragraph 3 or 4,

becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance—

(a)where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable, and

(b)where sub-paragraph (1)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Member provided with house or quarters

7.  A qualifying member or a rejoining member who—

(a)is provided with a house or quarters free of rent, and

(b)if the revoked provisions had continued in force would have been entitled to an allowance under regulation 35(6) or 36(3) of the 1988 regulations,

is, subject to paragraph 8, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

8.—(1) Subject to sub-paragraph (2), in circumstances in which—

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 3(2) or 5(2), or

(b)any of the housing emoluments mentioned in paragraphs 4(1), 6(1)(a) and 7

would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of a discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 35A of the 1988 regulations (which provided for biennial adjustment of housing allowances) or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.

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