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The Redundant Association Officers Compensation Regulations 1967

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PART IIIRESETTLEMENT COMPENSATION FOR LOSS OF EMPLOYMENT

Eligibility for resettlement compensation

7.—(1)  Subject to the provisions of these regulations, compensation under this Part of these regulations (referred to in these regulations as “resettlement compensation” ) may be paid to a person who since the coming into force of these regulations has lost his employment as an officer of an Association if

(a)in the opinion of the Secretary of State the loss of employment was due to a relevant cause;

(b)the person had been for a period of not less than three years immediately preceding the qualifying date continuously engaged (which for the purposes of this regulation means without breaks of more than six months in the aggregate) for the whole or part of his time in relevant employment;

(c)the person had at the date of the loss of employment not attained normal retiring age;

(d)the person has made a claim for resettlement compensation in accordance with the provisions for making claims set out in Part X of these regulations not later than thirteen weeks after the loss of employment which is the cause of his claim; and

(e)the person has not, subject to paragraph (3) of this regulation, been offered any reasonably comparable employment under the Crown or by an Association.

(2) In determining for the purposes of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost no account will be taken of the fact that the duties of the employment offered are duties which involve a transfer of his employment from one place to another within England and Wales, within Scotland, within Northern Ireland or within the Isle of Man.

(3) No account shall be taken for the purposes of this regulation of an offer of employment which a person has refused before the coming into operation of these regulations or of any offer of employment where the Secretary of State is satisfied—

(a)that acceptance would have involved undue hardship to that person, or

(b)that he was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control.

Amount of resettlement compensation

8.—(1) Subject to the provision of paragraph (2) of this regulation, the amount of resettlement compensation which may be paid to a person shall for each week for which such compensation is payable be a sum ascertained by taking two thirds of the weekly rate of the net annual emoluments which that person has lost and deducting therefrom such of the following items as may be applicable:—

(a)two thirds of the net annual emoluments received by him in respect of that week from work or employment which he has undertaken since the loss;

(b)any periodical payment paid or immediately payable in respect of such week by virtue of the relevant pension scheme.

(2) Resettlement compensation may be withheld or reduced to take into account any payments to which the person to whom it is payable becomes entitled in consequence of the loss of his employment under any contract or arrangement with an Association by whom he was employed (other than payments by way of a return of contributions under a pension scheme or in respect of which deductions have been made under paragraph (1) of this regulation) as well as for the purpose of effecting a deduction for a redundancy payment or for national insurance benefits in accordance with regulation 27.

(3) For the purposes of this regulation the weekly rate of a person's net annual emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments.

Period for payment of resettlement compensation

9.  Subject as hereinafter provided, resettlement compensation shall be payable only in respect of the period of thirteen weeks next succeeding the week in which the person to whom it is payable lost the employment in respect of which the compensation is payable or, in the case of a person who has at the date of losing that employment attained the age of forty-five years, the said thirteen weeks extended by one additional week for every year by which his age then exceeds the age of forty-five years, subject to a maximum addition of thirteen such weeks.

Claimant for resettlement compensation to furnish particulars of employment

10.  Every person claiming or in receipt of resettlement compensation shall (after as well as before the compensation begins to be paid)—

(a)forthwith supply the Secretary of State in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and

(b)if the Secretary of State so requires, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Ministry of Labour.

Additional provision relating to resettlement compensation

11.  Resettlement compensation shall cease to be payable if the person to whom it is payable, on being requested to do so, fails to satisfy the Secretary of State that, so far as he is able, he is seeking suitable employment.

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