Regulation 11 Procedure on receipt of a claim

(1)

On receipt of a valid claim for additional compensation the acquiring authority must determine whether it has enough information to assess the amount of additional compensation payable to the claimant including any amounts for qualifying losses, interest and costs, and must write to notify the claimant that it has received the claim and either—

(a)

that it requires no further information, or

(b)

of the further information it requires.

(2)

The acquiring authority must notify the claimant where it considers a claim to be invalid together with its reasons.

(3)

A valid claim for additional compensation is one that complies with the requirements of regulation 9 and, where applicable, regulation 10.

(4)

If the claimant and acquiring authority cannot agree the amount of additional compensation due to be paid following receipt of a valid claim, the acquiring authority must inform the claimant that questions of disputed compensation may be referred for determination by the Upper Tribunal^f1.

(5)

The additional compensation due must be paid to the claimant unless the conditions described in regulation 10 (3) apply in which case—

(a)

where the unpaid amount is the same as or less than the additional compensation due, an amount equal to the unpaid amount is to be paid to the mortgagee, or

(b)

where the unpaid amount exceeds the additional compensation due, the additional compensation due is to be paid to the mortgagee.

(6)

Where there is more than one mortgage, payment is to be made in order of priority of those mortgage debts.

Annotations

Footnotes

f1: See section 1 of the Act.