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The Justices of the Peace Act, 1949 (Compensation) Regulations 1954

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PART VIResettlement payments for loss of office

32.—(1) On receipt of a claim for compensation for loss of office by way of a resettlement payment the determining authority shall consider forthwith whether the claimant is a person to whom this Part of this Schedule applies and, if so, what should be the amount of the resettlement payment payable to him and shall inform the claimant and, unless in relation to the claimant the determining authority are the paying authority, the paying authority of their decision within one month of the receipt of the claim.

(2) This Part of this Schedule applies to—

(a)a whole-time officer who at the date of the loss of office had not attained normal retiring age and who after attaining the age of eighteen years for the period of three years immediately preceding the material date continuously (except for breaks not exceeding in the aggregate six months) devoted the whole or part only of his time to the office of clerk of the peace or justices' clerk or to assisting the holder of such an office in the performance of the duties of that office or to any combination of any such offices or employment, duties of that office or to any combination of any such offices or employment, except in so far as he was engaged on national service or war service undertaken on his ceasing to hold any such office or employment; or

(b)a part-time officer who at the date of suffering the loss of office had not attained normal retiring age and to whom Part II of this Schedule does not apply.

33.  A part-time officer to whom this Part of this Schedule applies shall be entitled to receive resettlement payment of a lump sum equal to forty-two three hundred and sixty-fifths of the net emoluments of the office he has lost.

34.  The amount of the resettlement payment to a whole-time officer to whom this Part of this Schedule applies shall be a sum which when added to—

(a)two-thirds of any remuneration the officer is receiving for any office during the period in respect of which resettlement payments are payable; together with

(b)where he is, or would if he made a claim thereto be, entitled to draw unemployment or sickness benefits under the National Insurance Acts, 1946 to 1953, the sum which would be so payable in respect of a person having no dependants,

is equal to two-thirds of the net emoluments of the office he has lost.

35.—(1) Resettlement payments to a whole-time officer to whom this Part of this Schedule applies shall be payable in respect of the period of thirteen weeks next succeeding the week in which he lost office or, in the case of a claimant who has attained the age of forty-five years, the said thirteen weeks extended by an additional period of one week for every year of his age after attaining the age of forty-five years and before the date of the loss of office subject to maximum addition of thirteen such periods.

(2) Such resettlement payments shall be payable at intervals equivalent to those at which the officer's emoluments were previously paid.

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