The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997

PART IV PROCEDURE FOR THE DETERMINATION OF CLAIMS

Time limits for making claims

8.—(1) A claim under these Regulations may not be made before—

(a) the date of service or deemed service on a reservist of a call-out notice under Part IV or V of the 1996 Act, a call-out or recall notice or any other notice pursuant to which the reservist may be required to perform relevant service; or

(b) if there is no such notice, the relevant date.

(2) A claim for an award other than a retraining award may not be made more than 4 weeks after the relevant date.

(3) A claim for a retraining award may not be made more than 8 weeks after the date on which the reservist resumes work with the employer.

(4) Notwithstanding paragraph (2) above, a claim for a reservist’s hardship award or an employer’s hardship award may be made no later than 8 weeks after the relevant date provided that the claimant has given notice to the adjudication officer no later than 4 weeks after the relevant date of his intention to make such a claim.

(5) For the purposes of this regulation a claim is deemed to have been made on the day when it is received by the adjudication officer.

Steps by representatives of claimants

9.—(1) Any step required to be taken by a claimant under this Part may, except for claims to which paragraph (2) below applies, be taken by any person authorised by the claimant to do so on his behalf.

(2) In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, a claim may be continued or made, as the case may be, by his personal representatives.

Person to whom claims made

10.—(1) A claim shall be made to the person specified in Schedule 3.

(2) The person to whom a claim has been made shall, if he is not an adjudication officer, immediately pass that claim to an adjudication officer.

Information and documents to be furnished in relation to claims

11.—(1) A reservist shall furnish with his claim the information or documents prescribed in paragraph 1 of Schedule 1.

(2) An employer shall furnish with his claim for an employer’s standard award the information or documents prescribed in paragraph 2 of Schedule 1.

(3) An employer shall furnish with his claim for a retraining award the information or documents prescribed in paragraph 3 of Schedule 1.

(4) An adjudication officer may require any person to furnish such further information or documents in connection with a claim as the adjudication officer may at any time reasonably require.

(5) A person who has furnished information under this regulation shall notify the adjudication officer of—

(a) any inaccuracy in, or change to, that information; or

(b) any event,

which would materially affect the claim, no later than 7 days after the inaccuracy, change or event came to that person’s attention.

Determination and payment of claims

12.—(1) The adjudication officer shall consider a claim promptly and in accordance with the relevant provisions of these Regulations.

(2) Where that determination takes into account any estimated cost or expense or any future event, it shall be a preliminary determination subject to confirmation when evidence of the actual amount or the occurrence of the event is provided.

(3) The adjudication officer shall within 2 days of making his determination give to the claimant written notification of his determination containing a statement—

(a) giving reasons for the determination;

(b) showing how the award, if any, has been calculated and the factors taken into account in awarding that amount;

(c) that the claimant may, if he is dissatisfied with the determination of his claim, appeal against the determination to a reserve forces appeal tribunal, and giving the address to which such an appeal should be sent.

(4) Any payment awarded under these Regulations shall be made by the Secretary of State.

Rejection of claims for non compliance with Regulations

13.  The adjudication officer may reject a claim if the claimant has failed without reasonable excuse to comply with—

(a) any requirement under regulation 11(1), (2) or (3) above to furnish information or documents;

(b) any of the time limits prescribed in regulation 8 above.

Additional powers of adjudication officers

14.  An adjudication officer may—

(a) treat the requirement to furnish information or documents under regulation 11(1), (2) or (3) above as having been satisfied if he already has that information or those documents when the claimant makes his claim;

(b) make an interim award pending his determination;

(c) review his determination at any time until the beginning of the hearing by a reserve forces appeal tribunal of an appeal against that determination;

(d) deem that a period of relevant service shall include any period between the time at which the reservist presents himself for service pursuant to his call-out or recall and the time at which he is accepted into service.