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Regulation 7 Conditions for payment of resettlement compensation

Original text. Later amendments are not shown.

(1)

Without prejudice to any other requirement of these regulations, nothing in these regulations shall entitle a person to resettlement compensation unless—

(a)

he has suffered loss of employment in consequence of any of the provisions of a harbour reorganisation scheme not later than 10 years after the material date;

(b)

he has made his claim for resettlement compensation in accordance with the provisions for making claims set out in Part VII of these regulations not later than 13 weeks after the loss of employment which is the cause of his claim;

(c)

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

(d)

he has not, subject to paragraph (3) of this regulation, been offered any reasonably comparable employment under the Crown or in the service of any local authority, harbour authority, local lighthouse authority or of any person carrying out harbour operations or under an officer in any such service, being employment for the purposes of the functions of the authority or person employing that officer.

(2)

In ascertaining for the purposes of this regulation whether a claimant has been offered employment which is reasonably comparable with the employment which he has lost, no account shall be taken of the fact that the duties of the employment offered are in relation to the administration of a different service from that in connection with which his employment was held or are duties which involve a transfer of his employment from one place to another within 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 claimant, or

(b)

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