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Regulation 6 Conditions for payment of resettlement compensation

Original text. Later amendments are not shown.

(1)

Without prejudice to any other requirement of these regulations, the conditions for the payment of resettlement compensation to any person are that—

(a)

he has suffered loss of employment attributable to any provision or instrument mentioned in regulation 4 not later than 10 years after the material date;

(b)

he had not at the date of the loss attained normal retiring age;

(c)

he had been for a period of 2 years immediately before the material date continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) for the whole or part of his time in relevant employment;

(d)

he has made a claim for such compensation in writing to the Secretary of State 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, or within any longer period which the Secretary of State may allow in any particular case where he is satisfied that the delay in making the claim was due to ill-health or other circumstances beyond the claimant's control;

(e)

the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform the duties that, immediately before the loss, he was performing or might reasonably have been required to perform;

(f)

he has not, subject to paragraphs (3) and (4), on or after the date on which the employer either informed him in writing that his employment was to be terminated or was likely to be terminated or gave him written notice of termination of his employment, been offered in writing—

(i)

any employment which is mentioned in (a), (b), (c) or (e) of the definition of “relevant employment” in regulation 2(1) and which is reasonably comparable with the employment which he has lost; or

(ii)

any employment specified in paragraph (2) which is suitable for him.

(2)

For the purposes of paragraph (1)(f)(ii), the employment shall, in the case of—

(a)

an officer of a body constituted under the Acts, be employment by any such body; or

(b)

any other person, be employment in the service of any authority or body in which he carries out substantially the same duties as in his employment immediately before the loss;

at the same place or in the same locality as that where he was employed immediately before such loss.

(3)

In ascertaining for the purposes 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 are in relation to 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 England and Wales.

(4)

For the purposes of this regulation, where the Secretary of State is satisfied that acceptance of an offer would have involved undue hardship to the person or that he was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control, no account shall be taken of that offer of employment.