Regulation 37
1. In this Schedule any reference to the 1984 regulations is a reference to the Royal Ulster Constabulary Regulations 1984(1).
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 police service 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 police service, and
(d)has not after that date been on unpaid leave.
(3) Where a member of a police force in Scotland or England and Wales in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to the police service he shall be treated from the date of his transfer as if he were a qualifying member.
(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to the police service he shall be treated from the date of his transfer as if he were a qualifying member.
(5) “Re-joining member” means a member who by reason only of a relevant absence is not a qualifying member.
(6) “Relevant absence” means—
(a)a period of central service or overseas service, or
(b)a period of relevant service within the meaning of paragraph (b) or (c) of section 27(1) of the Act or any corresponding provision for the time being in force in Scotland or England and Wales, or
(c)a period of unpaid leave,
ending after 31st August 1994.
(7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force or 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 40,
(b)a transitional rent allowance and a transitional supplementary rent allowance under regulation 40B,
(c)a supplementary housing allowance under regulation 41,
(d)a compensatory grant under regulation 42,
and in relation to a re-joining member includes a rent allowance under regulation 40 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b).
(8) “The revoked provisions” means the provisions of the 1984 Regulations relating to housing and housing payments that were revoked on 1st September 1994(2), that is to say regulations 40 to 42 and paragraph 4(1) and (2) of Schedule 4.
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 40(11) or 41(3) was or would have been then payable.
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.
5.—(1) A re-joining 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.
6.—(1) A re-joining 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 (l)(b) applies, at the rate at which the previous replacement allowance was payable,
immediately before the relevant absence began.
7. A qualifying member or a re-joining 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 40(11) or 41(3) of the 1984 Regulations,
is, subject to paragraph 8, entitled to an equivalent replacement allowance.
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 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 40A of the 1984 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.