Regulation 22 Liability for compensation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.22(6A) added by Teachers (Compensation for Redundancy and Premature Retirement) 1998 reg.17
reg.22 rev.in pt. (saving) by Teachers (Compensation for Redundancy and Premature Retirement) 1999 regs.7,9
reg.22 amended by Teachers (Compensation for Redundancy and Premature Retirement) 2000 reg.6
reg 22 am by Teachers’ Pensions 2010 reg 138, sch 11
reg 22 am (with transtl provns) (1.1.2007) by Teachers’ Pensions etc. (Reform Amendments) 2006 reg 2, sch 2

(1)

Subject to paragraph (7), the cost of compensation to which a person is entitled under Parts IV and V of these Regulations is to be met by the compensating authority.

(2)

Subject to paragraphs (3) to (5), the compensating authority is to be ascertained from the first and third columns of the table in Part I of Schedule 1.

(3)

Where—

(a)

the former employment fell within category D or E, and

(b)

in consequence of any amalgamation, merger or other arrangement the institution becomes part of another (the “successor establishment”) and ceases to have a separate governing body,

the governing body of the successor establishment becomes the compensating authority.

(4)

Where—

(a)

the former employment fell within category D or E and

(b)

the institution closes and there is no successor establishment,

the Secretary of State becomes the compensating authority.

(5)

Where the employment in question did not fall within any of the categories A to E then the compensating authority is—

(a)

the person or body of persons responsible for the management of the institution or, where the institution has amalgamated or merged with another institution or has closed, the institution with which it has amalgamated, merged or been succeeded, as the case may be, (the “successor establishment”), or

(b)

where there is no successor establishment, the Secretary of State.

(6)

References in paragraphs (3) to (5) above to an institution include references to a successor establishment.

(7)

Where the former employment fell within category C, the Secretary of State may—

(a)

require the governing body of the school to repay her any amounts paid by her in respect of compensation, or

(b)

accept from the governing body a single payment of a sum equal to the actuarial value of the total compensation payable, or

(c)

accept from them the payment of such a sum by not more than five annual instalments.