The Greater London Council Housing (Compensation) Regulations 1980

• (b) any increment to which he might have become entitled were it not for the loss or diminution of emoluments,

• (c) any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,

• (d) any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of his employment,

• (e) any payment for loss of holidays made to him on ceasing his employment, or

• (f) any payment in lieu of notice of termination of the employment which he has lost.

• (2) Where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceeding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 5 years immediately preceding the loss or diminution, or such other period as the compensating authority may think reasonable in the circumstances.

• (3) For the purposes of these regulations, the annual rate of emoluments in relation to any employment which has been lost or the emoluments whereof have been lost or diminished shall be the amount described in (a) or (b) below, whichever is the greater—

• (a) the emoluments received by him in the period of 12 months immediately preceding the loss or diminution, or

• (b)

• (i) in the case of emoluments payable monthly, the emoluments payable in respect of the last complete month immediately proceeding the loss or diminution multiplied by 12, or

• (ii) in the case of emoluments payable weekly, the emoluments payable in respect of the last complete 8 weeks immediately preceding the loss or diminution multiplied by 365/56.

Emoluments of part-time employments

39

In ascertaining for the purposes of these regulations whether, and how far, the emoluments of alternative employment fall short of emoluments which have been lost where those emoluments were payable in respect of two or more part-time employments, the emoluments of the alternative employment or of the aggregate of two or more alternative employments shall be apportioned in the proportion which the emoluments of the part-time employments bore to each other.

Temporary variation of emoluments

40

In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished, and in determining the resettlement and long-term compensation of any person who has suffered such a loss or diminution, no account shall be taken of any temporary increase or decrease in the amount of the person's emoluments which is attributable to a transfer of property order and otherwise than in the ordinary course of his employment.

Compensation not assignable

41

• (1) Subject to the provisions of any enactment in that behalf, any compensation to which a person becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

• (2) Without prejudice to any other right of recovery, any compensation paid in error may be recovered by the compensating authority by deduction from any compensation payable under these regulations.

Right of appeal from decision of compensating authority

42

• (1) Every person who is aggrieved by any decision of the compensating authority with respect to a compensation question or by any failure on the part of the compensating authority to notify him of any such decision within the time prescribed by these regulations, may within 13 weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings in accordance with the Industrial Tribunals (Labour Relations) Regulations 1974[^f00007] and these regulations for the determination of the question by a tribunal; and the tribunal shall determine the question accordingly.

• (2) For the purpose of any proceedings instituted in pursuance of this regulation, a person or persons may be appointed to sit with the tribunal as assessor or assessors.

• (3) The compensating authority shall give effect to the decision of a tribunal subject to any modifications that may be required in consequence of any appeal from that decision on a point of law.

SCHEDULE 1 — TABLES AS TO CAPITAL VALUES AND ANNUAL AMOUNTS

PART A — CAPITAL VALUES

Capital value of £1 per annum, ceasing at age 60 (females), 65 (males), which attracts pension increase from age 55 or retirement age if greater.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (in the case of females) or 65 (in the case of males). Table II(a) should be used in relation to the remainder of such compensation, ie the part which is payable for life—see note on that table.

Capital value of £1 per annum, ceasing at age 60 (females), 65 (males), which attracts pension increase from the outset of the pension.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (in the case of females) or 65 (in the case of males). Table II(b) should be used in relation to the remainder of such compensation, ie the part which is payable for life—see note on that table.

The capital value of an annual amount of £1 per annum, payable for life, which attracts pensions increase when the officer attains age 55, or immediately on retirement if age 55 has already been attained.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 18, 19(1)(ii) or 20. Where the compensation is payable before age 60 (in the case of females) or 65 (in the case of males) but will be reduced on the attainment of that age to take account of a National Insurance or Social Security pension, the table should be used in conjunction with Table I(a) ie Table I(a) should be used for valuing that part of the compensation which ceases to be payable at 60 (65) and this table should be used for valuing the remainder. This table is not applicable for—

The capital value of an annual payment of £1, payable for life and attracting pensions increase from the outset.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 19(1)(i) if he becomes incapacitated before normal retiring age. Where the compensation is payable before age 60 (in the case of females) or 65 (in the case of males) but will be reduced on the attainment of that age to take account of a National Insurance or Social Security pension, the table should be used in conjunction with Table I(b) ie Table I(b) should be used for valuing that part of the compensation which ceases to be payable at 60(65) and this table should be used for valuing the remainder.

This table is not applicable for—

Capital value of an annual amount of £1, which attracts pensions increase from the outset, payable to a widow until death or remarriage.

NOTE:—This table is for use in connection with regulation 33(1) for compounding annual compensation payable to a widow under regulation 23. It should also be used, where a reduction of compensation under regulation 23(7) falls to be apportioned between the compensation payable under that regulation and under regulation 24, for ascertaining the capital value of annual compensation to a widow.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for compounding awards of long-term compensation under Part IV. The total amount of the annual long-term compensation which is to be compounded must first be calculated, ie the amount which the person would receive on account of that compensation, or that part of it which is to be compounded, if it were paid until age 60. For each £100 so calculated, the lump sum payment will be the amount shown in the table according to the number of complete years in the period between the date of compounding and age 60.

NOTE:—This table is for use in connection with regulation 33(1) and (2) for compounding awards of long-term compensation under Part IV. The total amount of the annual long-term compensation which is to be compounded must first be calculated, ie the amount which the person would receive on account of that compensation, or the part of it which is to be compounded, if it were paid until age 70. For each £100 so calculated, the lump sum payable will be the amount shown in the table according to the number of complete years in the period between the date of compounding and age 70.

PART B — ANNUAL AMOUNTS

NOTE:—This table is for use in connection with regulation 21 for ascertaining the annual amount by which retirement compensation under regulation 18, 19(i)(ii) or 20 is to be reduced where a claimant has not paid to the compensating authority or fund authority an amount equal to any sum paid to him by way of superannuation contributions (The “debt” should be converted into an amount due at pension age which includes interests accumulated at 11% per annum compound from the original due date of the “debt”, then converting that sum into an annual amount). It should also be used in connection with regulation 33(2) of the regulations for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum.

NOTE:—This table is for use in connection with regulation 21 for ascertaining the annual amount by which retirement compensation under regulation 19(1)(i) is to be reduced where a claimant has become incapacitated before normal retiring age and has not paid to the compensating authority or fund authority an amount equal to any sum paid to him by way of superannuation contributions. It should also be used in connection with regulation 33(2) for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum.

NOTE:—This table is for use in connection with regulation 23(7) for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulations 23 and 24, the capital value of annual compensation to a widow should be ascertained by reference to Table III.

SCHEDULE 2 — OTHER COMPENSATORY ENTITLEMENT

1

Subject to paragraph 2, for the purposes of regulations 13(4)(a) and 30(4)(b), the expression “other compensation”, in relation to a person, means the aggregate of—

• (a) long-term compensation under any other regulations made under section 24 of the Superannuation Act 1972 or any similar instrument, on account of loss of his employment or diminution of his emoluments,

• (b) retirement compensation under any other regulations made under section 24 of the Superannuation Act 1972 or any similar instrument, on account of loss of his employment or diminution of his emoluments,

• (c) compensation under any scheme made under section 1 of the Superannuation Act 1972 or any similar instrument, on account of his retirement in the public interest,

• (d) compensation under any other regulations made under section 24 of the Superannuation Act 1972 or any similar instrument, on account of his ceasing to hold employment with an authority by reason of redundancy or in the interests of the efficient exercise of the functions of that authority, and

• (e) compensation under section 31 of the London County Council (General Powers) Act 1921, on account of his retirement or removal from service as mentioned in that section,

where the loss, diminution or other circumstances giving rise thereto occurred—

• (i) in respect of compensation described in sub-paragraphs (a) to (d), before, or

• (ii) in respect of compensation described in sub-paragraph (e), before or, in the case of annual compensation, at the same time as,

the loss or diminution in respect of which compensation is being claimed under these regulations.

2

For the purposes of—

• (a) sub-paragraphs (a), (b), (c) and (e) of paragraph 1, account shall be taken of the compensation concerned only in so far as it was calculated by reference to the same service as the compensation under these regulations, or in so far as it comprises additional sums on account of the person's age and length of service; and

• (b) sub-paragraph (d) of paragraph 1, account shall be taken of compensation only in so far as it is calculated by reference to the period by which the person's reckonable service was increased or the additional period with which he was credited.

3

For the purposes of regulation 11(1)(f), the expression “benefit” means benefit under regulations made under section 260 of the Local Government Act 1972 or any similar instrument.

4

Subject to paragraph 5, for the purposes of regulation 13(4)(b), the expression “other payments”, in relation to a person, means the aggregate of—

• (a) so much of any payment to him in lieu of notice of termination of the employment which he has lost as exceeds the remuneration he would have received if he had remained in that employment for a period of 3 months after the loss, and

• (b) any lump sum compensation within the meaning of sub-paragraph (e) of paragraph 1, where the retirement or removal therein mentioned occurred at the same time as the loss or diminution in respect of which compensation is being claimed under these regulations.

5

Where an amount within the meaning of sub-paragraph (a) or (b) of paragraph 4 has been taken into account for the purposes of regulation 9 (adjustment of resettlement compensation)—

• (a) if the person is entitled to resettlement compensation in accordance with (i) of that regulation, no account shall be taken of that amount for the purposes of regulation 13(4)(b), and

• (b) if he is not entitled to resettlement compensation by virtue of (ii) of that regulation, for the purposes of regulation 13(4)(b), account shall be taken of—

• (i) that amount, or

• (ii) the amount by which the payment or the aggregate of the payments specified in (a) to (c) of regulation 9 exceeds the amount of resettlement compensation that would apart from that regulation be payable,

whichever is the less.

6

In this Schedule, a “similar instrument” means any instrument made under any provision to the like effect in any other enactment (whenever enacted).

Signed

Michael R. D. Heseltine — Secretary of State for the Environment — 6th May 1980

Explanatory note

EXPLANATORY NOTE

1 These Regulations provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments as a result of the transfer of land or housing accommodation by an order under section 23(3) of the London Government Act 1963.

2 Part I of the regulations contains definitions, and (with Schedule 1) specifies the manner in which commutation under the regulations of annual amounts and capital sums is to be carried out. Part II specifies the persons to whom the regulations apply and the grounds of entitlement to compensation.

3 The compensation payable is: a resettlement compensation for loss of employment (Part III); b long-term compensation for loss of employment or loss or diminution of emoluments (Part IV); c retirement compensation for loss of employment or loss or diminution of emoluments (Part V); d compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V). Schedule 2 specifies other compensatory entitlement, which is to be taken into account for certain purposes in calculating long-term and retirement compensation.

4 Resettlement compensation is payable in a lump sum to officers with at least 2 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulation 7, and the methods of calculation are set out in regulations 8 and 9.

5 Long-term and retirement compensation is payable to officers with at least 5 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulations 11 and 12.

6 The method of calculating the amount of long-term compensation is laid down in regulations 13 (loss of emoluments) and 14 (diminution of emoluments). The compensation is payable from the date determined under regulation 15, but is not payable for any period in respect of which retirement compensation is payable. In the case of a non-pensionable officer, compensation not exceeding one half of the rate of long-term compensation may be paid beyond normal retiring age (regulation 26).

7 Retirement compensation payable to a pensionable officer is based upon his accrued pension rights (regulations 18 and 20) supplemented in the case of persons aged 40 or over at the date of the loss or diminution by the addition of notional years of service (regulation 17). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 27). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances is payable earlier (regulation 19).

8 Compensation is payable to the widow, child or other dependant or to the personal representatives of trustees of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 23 to 25).

9 Part VI provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changing circumstances (regulation 32). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

10 Part VII contains provisions relating to the procedure for making claims and notifying decisions. A right is given to a claimant who is aggrieved by a decision on a compensation question or the failure of the compensating authority to notify its decision to refer the question for determination by a tribunal in accordance with the Industrial Tribunals (Labour Relations) Regulations 1974.

Footnotes

[^f00001]: S.I. 1970/1681.

[^f00002]: amended by S.I. 1968/911.

[^f00003]: section 2 was amended by the Superannuation (Miscellaneous Provisions) Act 1967 (c. 28), section 11(2), (3), (4) and (6), and the Superannuation Act 1972, section 29(1) and Schedule 6 paragraph 25.

[^f00004]: 1852 c.85; 1906 c.44.

[^f00005]: relevant amending instruments are 1977/1341, 1978/822, 1739, 1979/2, 1534.

[^f00006]: section 28 was amended by the Social Security Pensions Act 1975 (c. 60), section 65(1) and Schedule 4 paragraph 43, sections 19(4), 20(3), 65(3) and Schedule 5, and the Social Security Act 1979 (c. 18), section 5(2) and Schedule 1 paragraph 11.

[^f00007]: relevant amending instruments are S.I. 1976/661, 1977/911, 1978/991.