Regulation 7 Conditions for payment of resettlement compensation

(1)

Without prejudice to any other requirement of these regulations, the conditions for the payment of resettlement compensation to any person are that—

(a)

he has, before, on, or not later than 10 years after the date of the relevant event, suffered loss of employment which is properly attributable to the happening of the relevant event;

(b)

he has not at the date of the loss attained normal retiring age;

(c)

he has, for a period beginning 3 years immediately before the second material date and ending on the date of the loss, been continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) on a full-time basis in relevant employment; and for this purpose the expression “relevant employment” includes any period of national service immediately following such employment;

(d)

he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than—

(i)

the end of the period in respect of which resettlement compensation can be payable in his case under the provisions of regulation 9, or

(ii)

13 weeks after the coming into operation of these regulations, whichever is the later;

(e)

the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and

(f)

he has not, subject to paragraph (3), been offered any reasonably comparable employment under the Crown or in the service of a nationalised transport body, an Executive or a subsidiary of either of those bodies.

(2)

In ascertaining for the purpose of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost, the following facts shall be disregarded—

(a)

the fact that the employment so offered is employment by a body such as is mentioned in paragraph (1)(f) other than the person or body in whose employment he suffered the attributable loss;

(b)

the fact that the duties of the employment so offered are duties in connection with activities which did not form part of the activities of that section of the undertaking of the nationalised transport body, subsidiary thereof or existing operator in which he was employed;

(c)

the fact that the duties of the employment so offered involve a transfer of his employment from one place to another in Great Britain.

(3)

No account shall be taken for the purposes of this regulation of an offer of employment where the compensating authority are satisfied—

(a)

that acceptance would have involved undue hardship to the person, or

(b)

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