The Education (Reorganisation in Inner London) (Compensation) Regulations 1989

PART IV MISCELLANEOUS

Calculation of compensation

10.  In calculating the amount of any compensation to which a person is entitled under these Regulations no account is to be taken of any temporary increase or decrease in his emoluments which is attributable to any provision made by or under Part III of the 1988 Act.

Payment of compensation

11.—(1) Compensation to which a person is entitled under these Regulations is payable by LRB.

(2) Subject to paragraphs (3) and (4), compensation under Part III is payable at the end of each compensation period.

(3) LRB may during a compensation period, at such intervals as they think fit, and having regard to any material change of circumstances occurring during that period, make interim payments to a person entitled to compensation under Part III on account of any compensation that may become payable to him at the end of that period.

(4) If the total of any payments made to a person under paragraph (3) during any of the first seven compensation periods exceeds or falls short of the compensation payable at the end of that period, the excess or shortfall is to be deducted from, or as the case may be added to, any compensation payable to him at the end of the following compensation period.

(5) The provision made by paragraph (4) for the deduction of excesses from compensation payable is without prejudice to any other lawful means of recovery.

Claims and decisions

12.—(1) A claim for compensation under these Regulations must be made to LRB by notice in writing, which may be sent by post.

(2) A decision by LRB on a claim, and any decision made by them as to the amount of compensation payable for any period, is to be notified by them in writing to the person concerned, and in their notification they must–

(a) give reasons for the decision,

(b) show how any compensation has been calculated, and

(c) inform the claimant of his right to institute proceedings under paragraph (3) and of the address to which any application instituting such proceedings should be sent.

(3) If the person is dissatisfied with LRB’s decision, or they have not notified him of a decision within 13 weeks after, as the case may be–

(a) their receiving a claim, or

(b) the end of any compensation period,

he may institute proceedings for the determination of the matter by an industrial tribunal established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965(1).

(4) Proceedings under paragraph (3) must be instituted within 13 weeks after, as the case may be–

(a) the notification of LRB’s decision, or

(b) the expiry of the 13 weeks mentioned in that paragraph.

(1)

S.I. 1965/1101, amended by S.I. 1967/301, 1970/941, 1977/1473.