# The Probation (Compensation) (Amendment) Regulations 1971, Note: Explanatory note


These Regulations amend the Probation (Compensation) Regulations 1965 (the principal Regulations) as follows:—
(i) the expression “relevant employment”(which is defined in Regulation 2(1) of the principal Regulations and which affects qualification for compensation and calculation of the amount) is not to include service in the armed forces of the Crown other than certain national service which is expressly made relevant employment for determining whether a person is qualified to claim compensation (Regulation 4);
(ii) all national insurance benefits (other than benefits payable in respect of dependants) are to be taken into account in assessing resettlement compensation and not only, as at present, benefits at the flat rate applicable to a single person (Regulation 5);
(iii) national insurance benefits (other than benefits payable in respect of dependants) are to be deducted from long-term compensation to such extent as is necessary to ensure that the total of benefits and compensation received in any week does not exceed two-thirds of the emoluments for the loss or reduction of which compensation is payable. This was until recently secured by Regulations under the National Insurance Acts (Regulations 6 and 8);
(iv) a person entitled to long-term compensation is required to inform the compensating authority about national insurance benefits received by him (Regulation 7).
The provisions mentioned in (ii) to (iv) above apply to compensation in payment at the date of commencement of these Regulations as well as compensation awarded after that date (Regulation 3).

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Source: https://www.legislation.gov.uk/uksi/1971/1120/note (the official version)
Page: https://openlegislation.uk/probation-compensation-amendment-regulations-1971/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

