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Regulation 32 Procedure on making claims

Original text. Later amendments are not shown.

(1)

Every claim for compensation under these regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with this regulation.

(2)

Every such claim and request shall be made to the Corporation in a form approved by them, and shall state whether any other claim for compensation has been made by the claimant under these regulations.

(3)

Resettlement compensation may however be claimed separately from any other form of compensation claimable under these regulations.

(4)

The Corporation shall, provided that the person making the claim or request has complied with the provisions of this Part of these regulations, notify him in writing of their determination—

(a)

in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim; and

(b)

in the case of a claim for, or request for the review of an award of, compensation under Part IV or V of these regulations, not later than 13 weeks after the receipt of the claim or request; and

(c)

in any other case, as soon as possible after the determination.

(5)

A determination of the Corporation shall not be invalidated by reason of the fact that notice of the determination is given after the expiry of the period mentioned in paragraph (4) unless the claimant has meanwhile instituted an appeal in accordance with regulation 34 and that appeal is not withdrawn.

(6)

For the purposes of an appeal under regulation 34 a failure of the Corporation to comply with the provisions of the preceding paragraph within the period there mentioned shall be treated as a rejection of the claim in question.

(7)

Every notification of a determination by the Corporation granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these regulations shall contain a statement—

(a)

giving reasons for the determination;

(b)

showing how any compensation has been calculated and, in particular, showing the factors taken into account in assessing loss or diminution of emoluments or pension rights; and

(c)

directing the attention of the claimant to his right under regulation 34, if he is aggrieved by the determination, to bring an appeal before a tribunal and giving him the address to which the application instituting an appeal should be sent.