The Yorkshire Deeds Registries (Compensation to Officers) Regulations 1970

Review of awards of long-term or retirement compensation

34.—(1) The compensating authority shall, within a period of two years after the date on which any decision on a claim for long-term or retirement compensation for loss of employment (other than compensation payable under Regulation 21) is notified to a claimant under Regulation 36, or within such longer period as is specified in the subsequent provisions of this Regulation, and at intervals of not more than six months, review their decision or, where the claim has been the subject of an appeal, the decision of the tribunal, and these Regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these Regulations.

(2) The person to whom the decision relates may require the compensating authority to carry out the review mentioned in paragraph (1) at any time within the period of two years mentioned in that paragraph if he considers that there has been a change in the circumstances of his case which is material for the purposes of these Regulations.

(3) The compensating authority shall carry out a review in accordance with paragraph (1), notwithstanding the expiration of the period mentioned in that paragraph, if—

(a) the emoluments of employment or work undertaken as a result of the loss of employment were taken into account in determining the amount of any compensation awarded, and

(b) such employment or work has been lost or the emoluments thereof reduced, otherwise than by reason of misconduct or incapacity to perform such duties as the person might reasonably have been required to perform, and

(c) the compensating authority are satisfied that such loss or reduction is causing him hardship,

and where any decision is so reviewed, the decision shall be subject to further review in accordance with paragraph (1) as if the review carried out under this paragraph had been the initial determination of the claim.

(4) Paragraphs (1) and (2) shall apply in relation to any decision on a claim for long-term or retirement compensation in respect of diminution of emoluments as they apply in relation to any decision mentioned in paragraph (1):

Provided that—

(i) where the person to whom the decision relates ceases to hold the employment in which his emoluments were diminished, a review shall be held within three months after that date, but no further review shall be held after the expiry of that period, and

(ii) while that person continues to hold that employment, there shall be no limit to the period within which a review may take place.

(5) Notwithstanding anything contained in the foregoing provisions of this Regulation, the compensating authority shall review a decision (whether of the authority or the tribunal) on a claim for long-term compensation for loss of employment or diminution of emoluments after the expiration of any period within which a review is required to be made if at any time—

(a) the person to whom the decision relates becomes engaged in employment (hereinafter referred to as his “current employment”) the remuneration whereof is payable out of public funds and which he has undertaken subsequent to the loss or diminution, and

(b) the aggregate of the net emoluments of his current employment, any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished and the long-term compensation payable to him exceeds the net emoluments of the employment which he has lost or, as the case may be, in which the emoluments have been diminished.

(6) The compensating authority shall further review any decision reviewed under paragraph (5) whenever the net emoluments of the person's current employment are increased.

(7) If on any review under paragraph (5) or (6) the compensation is reduced, it shall not be reduced below the amount by which the net emoluments of the person's current employment, together with any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished, falls short of the net emoluments of the employment he has lost, or as the case may be, in which the emoluments have been diminished.

(8) The compensating authority shall give to a person to whom a decision relates not less than fourteen days' notice of any review of that decision to be carried out under this Regulation unless the review is carried out at that person's request.

(9) Nothing in this Regulation shall preclude the making of any adjustment of compensation required by Regulation 31 or 32.