Regulation 4 Determination of entitlement and determination as to amount
Where an application is made the Secretary of State must decide if a determination of entitlement and a determination as to amount are to be made.
The procedure set out in Part 1 of Schedule 2 applies—
to the decision under paragraph (1) and the making of any determination of entitlement and determination as to amount; and
unless a relevant order provides otherwise, where the Secretary of State is, pursuant to such an order, reconsidering a decision under paragraph (1) regarding—
an applicant’s entitlement to compensation; or
a determination as to amount.
A decision that an applicant is entitled to compensation under these Regulations must be made where, on the basis of the information provided by the applicant, and any other relevant information, it appears that the applicant fulfils the following requirements—
the applicant’s registration or licence was suspended by virtue of section 128(7A) to (7G) or (as the case may be) section 130(7) to (13) of the Act;
a circumstance set out in section 128(7E)(c), 128(7E)(e), 130(11)(c), 130(11)(e), 131A(2)(a) or 131A(2)(b) of the Act has been satisfied (including as those sections are applied by virtue of sections 127(9) and 129(9) of the Act); and
as a result of the suspension, the applicant incurred income losses or non-income losses (or both) of the kind specified in Schedule 3.
Where a determination of entitlement has been made a determination as to amount must be calculated in accordance with regulation 6.