THE NATIONAL ASSISTANCE (COMPENSATION) REGULATIONS, 1948.

PART I Citation and Interpretation

1.  These Regulations may be cited as the National Assistance (Compensation) Regulations, 1948, and shall come into operation on the fifth day of July, 1948.

2.  In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“accrued pension”, in relation to a pensionable officer who has suffered loss of employment, means

(a)

if the pension scheme to which the officer was last subject before losing his employment provided benefits in which he had no right to participate but had reasonable expectations of participating, such proportion of the benefit of which he had reasonable expectations as the compensating authority considers equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; and

(b)

in any other case the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was last subject before losing his employment, if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service or contribution,

and includes the annual value as ascertained by an actuary of any contingent right under the scheme in respect of widow's pension or any other benefit which might have become payable to his widow or to his legal personal representatives on his death had he not lost his employment, but does not include any part of such pension as aforesaid which is attributable to any remuneration enjoyed, whether before or after the prescribed date, in consequence of an increase between the 30th day of October, 1947, and the prescribed date in the remuneration of any employment, if it can be shown that the increased remuneration was not granted in the ordinary course of that employment or in consideration of the person's assumption of increased responsibilities or new duties in connexion with the discharge of the existing functions of the body employing him;

“accrued incapacity pension” has the same meaning as “accrued pension” except that the reference to a person's having attained normal retiring age shall be construed as a reference to his having become incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

“accrued retiring allowance”, in relation to a pensionable officer who has suffered loss of employment, means any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was last subject before losing his employment, if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service;

“the Act” means the National Assistance Act, 1948;

“the Acts” means the National Insurance Acts, 1946, the National Health Service Act, 1946, and the Act;

“actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland;

“compensating authority”, in relation to a person who has suffered loss of employment or diminution of the emoluments of his employment, means the county or county borough council by whom he was or is employed, as the case may be, or if he was or is not employed by such or is mainly employed or, if he was employed by a joint vagrancy committee, such one of its constituent authorities as may be agreed between them, or, in default of agreement, as may be determined by the Minister;

“emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and includes the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment, and also does not include any remuneration enjoyed, whether before or after the prescribed date, in consequence of an increase between the 30th day of October, 1947, and the prescribed date in the remuneration of any employment, if it can be shown that the increased remuneration was not granted in the ordinary course of that employment or in consideration of the person's assumption of increased responsibilities or new duties in connexion with the discharge of the existing functions of the body employing him;

“existing officer” means a person who immediately before the prescribed date—

(a)

devoted the whole of his time, and had so devoted it for a period of not less than eight years before the prescribed date after attaining the age of eighteen years without a break of more than twelve months at any one time to employment under the Crown or in the local government service in Great Britain, or to employment by any authority or body functions of which cease or are transferred in consequence of any of the Acts or the National Health Service (Scotland) At, 1947, or to employment under an officer engaged in any such employment as aforesaid for the purposes of the functions of the employing authority or body or to any combination of such employments, or partly to any such employment or combination of employments as aforesaid and partly to employment as a superintendent registrar or registrar of births and deaths, a registrar of marriages or a person designated by a local authority to act as a deputy superintendent registrar or registrar of births and deaths; and

(b)

was employed for at least part of his time in England or Wales for the purposes of functions which cease, or are transferred from the employing authority or body, in consequence of any of the Acts,

not being a person to whom section 60 (2) of the Act applies;

“national service” means war service within the meaning of the Local Government Staffs (War Service) Act, 1939, and employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act, 1940;

“net emoluments”, in relation to an officer who suffers loss of employment or diminution of emoluments, means the annual rate of his emoluments immediately before such loss or diminution, after deducting therefrom the like percentage thereof as the percentage of his emoluments which he was then liable to contribute under any pension scheme associated with his employment:Provided that—

(a)

if, for the purposes of the foregoing definition, account is required to be taken of any fees payable to a person as part of his emoluments, the amount thereof shall be taken to be the annual average of the fees paid to him during the three years immediately preceding the loss of employment or diminution of emoluments, or, if the fees were payable in respect of a shorter period, such shorter period; and

(b)

any amount by which the annual rate of his emoluments exceeds £4,000 shall be disregarded; and

(c)

if the officer was not a pensionable officer, no deduction shall be made on account of pension contributions;

“normal retiring age” means, in relation to an officer in whose case an age of compulsory retirement applied by virtue of any pension scheme associated with the employment he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case, the age of sixty-five years if the officer is a male, or sixty years if the officer is a female;

“office” means any place, situation or employment, and the expression “officer” shall be construed accordingly;

“pensionable officer”, in relation to an officer who has suffered loss of employment, means an officer who immediately before the prescribed date was subject to a pension scheme;

“pension scheme” means a scheme for the payment of superannuation benefits to a person as part of the terms and conditions of any employment held by him;

“prescribed date” means the fifth day of July, 1948;

“service” in relation to a person means any period of whole-time or part-time employment in Great Britain, after attaining the age of eighteen years, under the Crown or in local government service, or under any authority or body functions of which cease or are transferred in consequence of any of the Acts or the National Health Service (Scotland) Act, 1947, or under an officer engaged in any such employment as aforesaid for the purposes of the functions of the employing authority or body, or as a superintendent registrar or registrar of births and deaths, a registrar of marriages, or a person designated by a local authority to act as a deputy superintendent registrar or deputy registrar of births and deaths, and includes any period of national service under taken on the person's ceasing to hold any such employment as aforesaid, but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefits to which the person has become entitled;

“tribunal” means such referee or board of referees appointed by the Minister of Labour and National Service, after consultation with the Lord Chancellor, as has jurisdiction in respect of the district in which a claimant for compensation is or was last employed.

3.  The Interpretation Act, 1889, shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.