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Regulation 5 Persons to whom resettlement compensation is payable

Original text. Later amendments are not shown.

(1)

The Corporation shall, subject to the provisions of these regulations, pay resettlement compensation to any person to whom these regulations apply who—

(a)

has suffered loss of employment in consequence of a relevant event not later than 10 years after the material date;

(b)

had not at the date of the loss reached normal retiring age;

(c)

had been continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) in relevant employment during the period beginning 3 years before the material date and ending at the date of the loss; and for this purpose the expression “relevant employment” includes any period of national service immediately following such employment;

(d)

has made a claim for compensation in accordance with the provisions of Part VII of these regulations not later than 13 weeks after the loss of employment which is the cause of his claim or 13 weeks after the coming into operation of these regulations, whichever is the later.

(2)

Resettlement compensation shall not, however, be paid—

(a)

to a person who has suffered loss of employment in consequence of a relevant event, if his employment could have been terminated by reason of misconduct or incapacity to perform such duties as, immediately before the loss of employment, he was performing or might reasonably have been required to perform; or

(b)

to a person who has been offered reasonably comparable employment under the Crown or in the service of the Corporation or of a publicly-owned company.

(3)

In ascertaining for the purposes of paragraph (2) of this regulation whether a person 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 involve a transfer of his employment from one place to another within Great Britain.

(4)

No account shall be taken for the purposes of this regulation of an offer of employment where the Corporation 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.