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Regulation 38

SCHEDULE 3E+WREPLACEMENT ALLOWANCE

1.—(1) This paragraph has effect for defining expressions used in paragraphs 2 to [F18].E+W

(2) “Qualifying member” means a member of a police force who—

(a)immediately before 1st September 1994 was a member of that or another police force,

(b)was not then on unpaid leave,

(c)has at all times after 31st August 1994 been a member of a police force, and

(d)has not after that date been on unpaid leave.

(3) Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

[F2(4A) Where a member of the Royal Parks Constabulary in receipt of a housing allowance transfers on or after 1st July 2004 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.]

(5) “Re-joining member” means a member of a police force who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means—

(a)a period of central service or overseas service, or

(b)a period of relevant service within the meaning of paragraph (ca), (cb) or (cc) of section 97(1) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, or

(c)a period of unpaid leave, [F3or

(d)a period of ill-health retirement, or

(e)a period of service as a [F4specified NCA officer],]

ending after 31st August 1994.

[F5(6A) In sub-paragraph (6), “period of ill-health retirement” means a period—

(a)commencing when a member of a police force retires with an entitlement to an ill-health award under regulation B3 of the Police Pensions Regulations 1987 or with an ill-health pension under regulation 29 of the Police Pensions Regulations 2006, and

(b)ending when the member rejoins the force in accordance with regulation K1(3) of the Police Pensions Regulations 1987 or regulation 51(4) of the Police Pensions Regulations 2006, as the case may be.]

(7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force [F6or Royal Parks Constabulary] or any one or more of the following kinds of payments under the revoked provisions M1 as they had effect before 1st September 1994—

(a)a housing allowance under regulation 49,

(b)a transitional rent allowance and a transitional supplementary rent allowance under regulation 49B,

(c)a supplementary housing allowance under regulation 50,

(d)a compensatory grant under regulation 52, and

(e)a compensatory allowance under regulation 52B,

and in relation to a re-joining member includes a rent allowance under regulation 49 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b) above.

(8) “The revoked provisions” means the provisions of the 1987 Regulations relating to housing and housing payments that were revoked on 1st September 1994, that is to say regulations 49 to 52, 52B and 72, paragraphs 16 to 18 of Schedule lA and paragraph 4(1) and (2) of Schedule 4 M2.

(9) “The 1987 Regulations” means the Police Regulations 1987 M3.

[F7(10) Where a qualifying member or a re-joining member resides in accommodation which he shares with a [F8specified NCA officer] falling within sub-paragraph (11), that member shall, for the purposes of this Schedule and the revoked provisions, be treated as if he shared the accommodation with a member of a police force.

(11) A [F9specified NCA officer] falls within this sub-paragraph if—

(a)before becoming a [F10specified NCA officer] the employee was a qualifying member or a re-joining member; and

(b)the employee is in receipt of an allowance equivalent to the replacement allowance he would receive if he continued to be a qualifying member or a re-joining member, as the case may be.]

Textual Amendments

F1Word in Sch. 3 para. 1(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Police (Amendment) Regulations 2007 (S.I. 2007/1160), reg. 2(2)

F3Sch. 3 para. 1(6)(d)(e) and word inserted (with effect from 1.4.2003) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2)(a), 7(2)

F5Sch. 3 para. 1(6A) inserted (with effect from 1.4.2003) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2)(a), 7(3)

F6Words in Sch. 3 para. 1(7) inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 6(2)

F7Sch. 3 para. 1(10)(11) inserted (23.2.2012) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2), 7(4)

Marginal Citations

M2Regulations 49, 49A, 49B, 49C, 49D, 50 and 51 were inserted by S.I. 1990/1127, 1990/1573 and 1993/1198; regulation 52B was substituted by S.I. 1994/1308; regulations 52 and 72 and paragraph 4(1) and (2) of Schedule 4 were amended by S.I. 1990/401; and paragraphs 16 to 18 of Schedule 1A were inserted by S.I. 1992/1278.

2.—(1) A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.E+W

(2) The replacement allowance is, subject to paragraph 7, an allowance at a rate equal to the total of—

(a)the rate at which housing allowance, or as the case may be transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and

(b)the rate at which any allowance under regulation 49(11) or 50(3) was or would have been then payable.

3.—(1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.E+W

(2) The replacement allowance is, subject to [F11paragraphs 7 and 8], an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Textual Amendments

F11Words in Sch. 3 para. 3(2) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Police (Amendment) Regulations 2007 (S.I. 2007/1160), reg. 2(3)

4.—(1) A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.E+W

(2) The replacement allowance is, subject to paragraph 7, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable—

(a)where the relevant absence began before 1st September 1994, immediately before it began, and

(b)in any other case, immediately before 1st September 1994.

5.—(1) A re-joining member who immediately before the relevant absence began was in receipt—E+W

(a)of housing emoluments, or

(b)of a replacement allowance under paragraph 2 or 3,

becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 7, an allowance—

(a)where sub-paragraph (1)(a) applies [F12, and subject to paragraph 8], at the rate at which the housing emoluments were payable, and

(b)where sub-paragraph (l)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Textual Amendments

F12Words in Sch. 3 para. 5(2)(a) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Police (Amendment) Regulations 2007 (S.I. 2007/1160), reg. 2(4)

6.  A qualifying member or a re-joining member who—E+W

(a)is provided with a house or quarters free of rent, and

(b)if the revoked provisions had continued in force would have been entitled to an allowance under regulation 49(11) or 50(3) of the 1987 Regulations,

is, subject to paragraph 7, entitled to an equivalent replacement allowance.

7.—(1) Subject to sub-paragraph (2), in circumstances in which—E+W

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 2(2) or 4(2), or

(b)any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a) and 6,

would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member of a police force appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 49A of the 1987 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is [F13not] increased accordingly.

Textual Amendments

[F14Modification of compensatory allowanceE+W

8.—(1) This paragraph applies to a member whose entitlement to a replacement allowance is calculated in whole or in part by reference to the rate at which he was in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations.

(2) This paragraph also applies to a member who would be entitled to a replacement allowance calculated in whole or in part by reference to the rate at which he would have been in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations had that regulation provided as set out in paragraph (3) before 1st September 1994.

(3) A member to whom this paragraph applies is entitled to a replacement allowance calculated as if for regulation 52B of the 1987 Regulations there were substituted the following regulation—

“Compensatory allowance

52B.—(1) This regulation applies where two or more persons, each of whom is a member of a police force, are living in the same accommodation and at least one of them is appointed to perform part-time service.

(2) Where this regulation applies those persons are entitled to a compensatory allowance of a proportion of the appropriate amount determined in accordance with guidance issued by the Secretary of State.

(3) Where there are only two persons living in the same accommodation and only one of them is appointed to perform part-time service, the appropriate amount is given by the formula

where—

A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to the full-time member before the part-time member’s appointment as such,

B is the notional amount for the time being of any allowances that were then so payable to the part-time member,

C is the amount for the time being of any allowances that are so payable to the full-time member,

D is the amount for the time being of any allowances that are so payable to the part-time member.

(4) Where there are only two persons living in the same accommodation and each of them is appointed to perform part-time service, the appropriate amount is given by the formula

where—

A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to one of the members (the “first part-time member”) before his appointment as such,

B is the notional amount for the time being of any allowances that were then so payable to the other member,

C is the amount for the time being of any allowances that are so payable to the first part-time member,

D is the amount for the time being of any allowances that are so payable to the other member.

(5) Where there are more than two persons living in the same accommodation, the appropriate amount is given by the formula

where—

A is the aggregate notional amount for the time being of any allowances that were payable under regulations 49 to 51 to those members before the appointment of one of them as a part-time member,

B is the aggregate amount for the time being of any allowances that are so payable to those members.

(6) For the purposes of this regulation the notional amount for the time being of an allowance is the amount that would for the time being be payable if the part-time member were a full-time member.”.]

Textual Amendments

F14Sch. 3 para. 8 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Police (Amendment) Regulations 2007 (S.I. 2007/1160), reg. 2(5)

[F15Reduced arrears of replacement allowance for re-joining members in receipt of related allowancesE+W

9.—(1) This paragraph applies to a replacement allowance payable in respect of a relevant period to a member of a police force who—

(a)is a re-joining member by reason of a relevant absence of a kind mentioned in paragraph 1(6)(d) or (e); and

(b)received an allowance referred to in the determinations made by the Secretary of State under regulation 34(1) as a London Allowance or a South East England Allowance in respect of the relevant period.

(2) The annual rate of a replacement allowance to which this paragraph applies shall be reduced—

(a)in the case of a member who received a London Allowance, by an amount calculated by the formula A – B, where—

(i)A is the annual rate at which the London Allowance was paid to the member; and

(ii)B is the annual rate at which the London Allowance would have been paid to the member had it been known, at the time when the London Allowance was paid, that the member was entitled to receive a replacement allowance; and

(b)in the case of a member who received a South East England Allowance, by the annual rate of that allowance.

(3) For the purposes of this paragraph a relevant period is a period—

(a)beginning on the day after the last day of the relevant absence; and

(b)ending before 23rd February 2012.]

Textual Amendments

F15Sch. 3 para. 9 inserted (with effect from 1.4.2003) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2)(a), 7(5)