LOCAL GOVERNMENT, ENGLAND AND WALES PART I ENTITLEMENT TO COMPENSATION Persons to whom the Regulations apply 1 These Regulations shall apply to any person who— a was serving immediately before the material date as a regular fireman, or b would have been so serving at that time but for any national service on which he was then engaged. Grounds of entitlement to compensation 2 Subject to the provisions of these Regulations, every person to whom these Regulations apply and who suffers loss of employment as a regular fireman or loss or diminution of emoluments which is attributable to the provisions— a of any order made under Part II of the Act or under Part VI of the Act of 1933, or b of the Act of 1963 or of any instrument made thereunder, shall be entitled to have his case considered for the payment of compensation under these Regulations and such compensation shall be determined in accordance with the following provisions of these Regulations. National service 3 1 Where any person to whom these Regulations apply would have been serving immediately before the material date as a regular fireman but for any national service on which he was then engaged, then if before the expiry of two months after ceasing to be so engaged, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, he gives notice to the compensating authority that he is available for employment, that person shall be entitled to have his case considered for the payment of compensation on the ground— a if he is not given or offered re-employment as a regular fireman in his former rank or in any reasonably comparable employment, of loss of employment; b if he is so re-employed with reduced emoluments as compared with the emoluments which he would have enjoyed had he continued to serve as a regular fireman in his former rank, of diminution of emoluments. 2 The loss of employment which is the ground of a claim for compensation under sub-paragraph ( a ) of the last foregoing paragraph shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the claimant shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued to serve as a regular fireman in his former rank. PART II RESETTLEMENT COMPENSATION FOR LOSS OF EMPLOYMENT Resettlement compensation for loss of employment 4 1 The compensating authority shall, subject to the provisions of these Regulations— a consider and determine the entitlement to resettlement compensation of every person to whom this Part of these Regulations applies who claims such compensation and in relation to whom the conditions set out in the next succeeding Regulation are satisfied, and b pay the amount of any compensation so determined. 2 This Part of these Regulations applies to a person who at the date of the loss of employment had not attained the age of compulsory retirement and who had been for a period of not less than three years immediately preceding the material date continuously engaged (exclusive of breaks not exceeding in the aggregate six months) for the whole or part of his time in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following upon such employment . Conditions for payment of resettlement compensation 5 1 Without prejudice to any other requirement of these Regulations, nothing in these Regulations shall entitle a person to resettlement compensation unless— a he has suffered loss of employment attributable to such provisions as are mentioned in Regulation 2 of these Regulations not later than ten years after the material date; b he has made his claim for resettlement compensation in accordance with the provisions for making claims set out in Part VI of these Regulations not later than thirteen weeks after the loss of employment which is the cause of his claim; c the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and d he has not, subject to paragraph (3) of this Regulation, been offered any reasonably comparable employment under the Crown or in the service of a local authority. 2 In ascertaining for the purposes of this Regulation whether a claimant 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 employment offered is not employment in a fire brigade or the duties thereof are duties which involve a transfer of his employment from one place to another within England or Wales. 3 No account shall be taken for the purposes of this Regulation of an offer of employment where the compensating authority are satisfied— a that acceptance would have involved undue hardship to the claimant, or b that the claimant was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control. Amount of resettlement compensation 6 1 Resettlement compensation payable to a person to whom this Part of these Regulations applies shall for each week for which such compensation is payable be a sum ascertained by taking two thirds of the weekly rate of the net emoluments which the claimant has lost and deducting therefrom such of the following items as may be applicable:— a unemployment, sickness or injury benefit under any Act relating to National Insurance at the current rate for a person having no dependants, in so far as any such benefit (whether at that or any other rate) is claimable by him in respect of such week; b two thirds of the net emoluments received by him in respect of such week from work or employment undertaken in place of the employment which he has lost; c any pension to which he is entitled under the Firemen's Pension Scheme in respect of such week. 2 For the purposes of this Regulation the weekly rate of a claimant's net emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments. Period for payment of resettlement compensation 7 Subject as hereinafter provided, resettlement compensation to a person to whom this Part of these Regulations applies shall be payable in respect of the period of thirteen weeks next succeeding the week in which he ceased to serve as a regular fireman or, in the case of a claimant who has attained the age of forty-five years, the said thirteen weeks extended by one additional week for every year of his age after attaining the age of forty-five years and before he ceased so to serve subject to a maximum addition of thirteen such weeks. Claimant for resettlement compensation to furnish particulars of employment 8 Every claimant for resettlement compensation shall (after as well as before the compensation begins to be paid)— a forthwith supply the compensating authority in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and b if the compensating authority so requires, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Ministry of Labour. Additional provisions relating to resettlement compensation 9 Resettlement compensation shall be payable to a claimant at intervals equivalent to those at which his emoluments as a regular fireman were previously paid or at such other intervals as may be agreed between the claimant and the compensating authority and shall forthwith be terminated by the compensating authority— a if without reasonable cause the claimant fails to comply with any of the provisions of Regulation 8 of these Regulations, or b if, on being requested to do so, he fails to satisfy the compensating authority that, so far as he is able, he is seeking suitable employment. PART III LONG-TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS Persons to whom Parts III and IV of the Regulations apply 10 1 The compensating authority shall, subject to the provisions of these Regulations— a consider and determine the entitlement to long-term and retirement compensation of every person to whom this and the next succeeding Part of these Regulations apply who claims such compensation and in relation to whom the conditions set out in the next succeeding Regulation are satisfied, and b pay the amount of any compensation so determined. 2 This Part and Part IV of these Regulations apply to a person who had been for a period of not less than eight years immediately preceding the material date continuously engaged (without a break of more than twelve months at any one time) for the whole or part of his time in relevant employment (which expression for this purpose includes any period of national service immediately following such employment), and who at the date of the loss of employment or loss or diminution of emoluments had not attained the age of compulsory retirement. Conditions for payment of long-term and retirement compensation 11 1 Without prejudice to any other requirement of these Regulations, nothing in these Regulations shall entitle a person to long-term or retirement compensation unless— a he has suffered loss of employment as a regular fireman or loss or diminution of emoluments attributable to such provisions as are mentioned in Regulation 2 of these Regulations not later than ten years after the material date; b he has made his claim for compensation in accordance with the provisions for making claims set out in Part VI of these Regulations not later than two years after the loss or diminution which is the cause of the claim, and c if the cause of the claim for compensation is loss of employment as a regular fireman— i he suffered such loss for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and ii he has not been offered any reasonably comparable employment under the Crown or in the service of a local authority. 2 Regulation 5(2) and (3) of these Regulations as to offers of employment shall apply for the purposes of this Regulation. 3 Claims for long-term and retirement compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these Regulations shall apply to all such claims accordingly. Factors to be considered in determining payment of long-term and retirement compensation 12 1 For the purpose of determining whether long-term or retirement compensation for loss or diminution of emoluments should be paid to a claimant, and if so the amount of the compensation (subject to the limits set out in these Regulations) regard shall be had to such of the following factors as may be relevant, that is to say:— a the conditions applicable to the employment as a regular fireman which the claimant has lost; b the conditions applicable to the work or employment undertaken by him in place of that employment as a regular fireman; c the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him; d the amount of any award, otherwise than by way of repayment of aggregate contributions, to which he is entitled under the Firemen's Pension Scheme; and e all the other circumstances of his case: Provided that no account shall be taken of the fact that a claimant became a regular fireman in the fire brigade in which he was serving immediately before the material date, or would have been so serving but for any national service on which he was then engaged— i in the case of a person affected by an order under the Act or the Act of 1933, after proceedings had been commenced which led to the order being made; ii in the case of a person affected by an instrument under the Act of 1963, after the making of the instrument; iii in the case of a person affected by the Act of 1963, otherwise than by an instrument made thereunder, after 31st July 1963. 2 For the purposes of the last foregoing paragraph— a a reference to the conditions applicable to any work or employment shall be construed as a reference to all the conditions of service applicable thereto, by law or practice, including, in particular, those relating to emoluments and security of tenure; and b paragraph (3) of Regulation 5 of these Regulations shall apply as it applies for the purposes of that Regulation. Amount of long-term compensation payable to a person for loss of emoluments 13 1 In the case of a person to whom this Part of these Regulations applies, long-term compensation for loss of emoluments shall, subject to the provisions of these Regulations, be payable until the age of compulsory retirement or death, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2), (3) and (4) of this Regulation. 2 The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely— a for every year of the claimant's reckonable service, one sixtieth of the net emoluments he has lost; and b in the case of a claimant who has attained the age of forty years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) of this Regulation appropriate to his age at that date: Provided that the said maximum annual sum shall in no case exceed two thirds of the net emoluments which the claimant has lost. 3 The sum referred to in sub-paragraph ( b ) of the last foregoing paragraph shall be— a in the case of a claimant who has attained the age of forty years but has not attained the age of fifty years at the date of the loss, the following fraction of the net emoluments he has lost— i where the claimant's reckonable service is less than ten years, one sixtieth for each year of such service after attaining the age of forty years; or ii where the claimant's reckonable service amounts to ten years but is less than fifteen years, one sixtieth for each year of such service after attaining the age of forty years and one additional sixtieth; or iii where the claimant's reckonable service amounts to fifteen years but is less than twenty years, one sixtieth for each year of such service after attaining the age of forty years and two additional sixtieths; or iv where the claimant's reckonable service amounts to twenty years or more, one sixtieth for each year of such service after attaining the age of forty years and three additional sixtieths; but the sum so calculated shall not in any case exceed one sixth of the said net emoluments; b in the case of a claimant who has attained the age of fifty years but has not attained the age of sixty years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of forty years, up to a maximum of fifteen such years; and c in the case of a claimant who has attained the age of sixty years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of forty-five years. 4 Where a person has become entitled to a pension under the Firemen's Pension Scheme, the maximum annual sum referred to in paragraph (1) of this Regulation shall be the maximum sum calculated in accordance with paragraph (2) of this Regulation, but as if the pension had not been payable, less the annual amount of that pension. 5 Where a sum is payable under this Regulation in respect of any period and resettlement compensation has also been paid in respect of that period, the said sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation paid as aforesaid. 6 Compensation awarded under this Regulation shall be payable at intervals equivalent to those at which the claimant's emoluments as a regular fireman were previously paid or at such intervals as may be agreed between him and the compensating authority. Long-term compensation for diminution of emoluments 14 In the case of a person to whom this Part of these Regulations applies, long-term compensation for diminution of emoluments in respect of any employment shall be awarded and paid in accordance with the following provisions— a the compensation shall consist of an annual sum which shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment are or were previously paid or at such other intervals as may be agreed between the claimant and the compensating authority, and shall, subject to the provisions of these Regulations, be payable until the age of compulsory retirement or death, whichever first occurs; and b the said annual sum shall not exceed the figure which bears to the maximum annual sum which could have been awarded under Regulation 13 of these Regulations had the claim been made under that Regulation, the same ratio as the amount by which his net emoluments have been diminished (calculated as an annual amount) bears to the amount of his net emoluments, so however, that no compensation shall be payable if this ratio is less than 2½ per cent. Date from which long-term compensation is to be payable 15 1 Long-term compensation shall commence to be payable with effect from the date of the claim or from such earlier date as is mentioned in the succeeding provisions of this Regulation. 2 Where a claim for long-term compensation is duly made within thirteen weeks of the occurrence of the loss or diminution which is the subject of the claim, the award shall be made retrospective to the date on which the loss or diminution occurred. 3 Where a claim for long-term compensation is made after the expiry of the period mentioned in the last foregoing paragraph, the award may at the discretion of the compensating authority be made retrospective to a date not earlier than thirteen weeks prior to the date on which the claim was made: Provided that if the compensating authority are satisfied that the failure to make the claim within the period mentioned in the last foregoing paragraph was due to ill-health or other circumstances beyond the claimant's control, the award may be made retrospective to a date not earlier than that on which the loss or diminution occurred. PART IV RETIREMENT COMPENSATION AND PAYMENTS ON DEATH Retirement compensation payable to a person who would have become entitled to a pension 16 1 Subject as hereinafter provided, where a person to whom this Part of these Regulations applies who has not attained the age of compulsory retirement would, if he had continued to serve as a regular fireman, have become entitled to retire with an ordinary or ill-health pension under the Firemen's Pension Scheme, he shall become entitled to claim, in lieu of any compensation to which he would otherwise be entitled under these Regulations, compensation calculated in accordance with paragraph (2) of this Regulation. 2 Compensation payable to a person in accordance with this Regulation shall, subject as hereinafter provided, be payable at an annual rate equal to that of— a the ordinary or ill-health pension to which he would have become entitled as aforesaid, calculated by reference to his average pensionable pay (or, where appropriate, his pensionable pay) immediately before he ceased to serve as a regular fireman; or b his notional pension calculated in accordance with Regulation 21 of these Regulations, whichever is the less. 3 On receipt of a claim under paragraph (1) of this Regulation, the compensating authority shall consider forthwith whether the claimant is a person to whom that paragraph applies, and within three months after the date of the receipt of the claim— a if they are satisfied that he is not such a person, they shall notify him in writing accordingly; and b if they are satisfied that he is such a person, they shall assess the amount of compensation payable to the person, and notify him in writing accordingly, and any such notification shall, for the purposes of these Regulations, be deemed to be a notification by the authority of a decision on a claim to compensation. 4 If a claimant wishes to receive compensation under this Regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under the last preceding paragraph or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim. 5 In the case of a person who claims, for the purposes of paragraph (1) of this Regulation, that he would, if he had continued to serve as a regular fireman, have become entitled to retire with an ill-health pension under the Firemen's Pension Scheme, the compensating authority may require him to submit himself to a medical examination by a registered medical practitioner selected by that authority, and, if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration, together with the report of the medical practitioner selected by them. 6 If the compensating authority so agree, in the case of a person who would have become entitled to retire with an ordinary pension, as aforesaid, if his notice of retirement were given with the permission of the fire authority, it shall be assumed for the purposes of this Regulation that he would have obtained such permission. 7 If the compensating authority so agree, in the case of a person in whose case the Firemen's Pension Scheme had effect subject to the modifications set out in section 27(3) of the Fire Services Act 1947, no account shall be taken, for the purposes of this Regulation, of any modification which has the effect that— a a person's entitlement to a pension is conditional on the chief officer of the fire brigade concerned giving a certificate that he has served with zeal and fidelity, or b the grant of a pension may be refused on account of misconduct or on account of any of the grounds on which the pension, if granted, would be liable to be forfeited or withdrawn. Option to take retirement compensation prematurely in certain cases 17 1 If a person to whom this Part of these Regulations applies has suffered loss of employment after attaining the age of fifty years and so requests the compensating authority by notice in writing, he shall be entitled as from the date on which the compensating authority receive such notice, in lieu of any compensation, other than resettlement compensation, to which he would otherwise be entitled under these Regulations, to compensation calculated in accordance with paragraph (2) of this Regulation: Provided that where he has claimed long-term compensation, the said notice shall be given not later than two years after the determination of the claim or, where the determination is reviewed under Regulation 28(3) of these Regulations, not later than two years after any such review. 2 Compensation payable to a person in accordance with this Regulation shall be payable at an annual rate equal to that at which an ill-health pension would have been payable under the Firemen's Pension Scheme had he retired with such a pension when he ceased to serve as a regular fireman. 3 Regulation 16(3) of these Regulations shall apply in relation to a notice given under paragraph (1) of this Regulation as it applies to a claim made under Regulation 16(1). 4 Where an annual sum is payable under this Regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation payable as aforesaid. Retirement compensation for loss of emoluments payable to a person on attainment of the age of compulsory retirement 18 1 Subject to the provisions of these Regulations, where a person to whom this Part of these Regulations applies reaches the age of compulsory retirement, the retirement compensation payable to him for loss of emoluments shall be payable at an annual rate equal to that of his notional pension calculated in accordance with Regulation 21 of these Regulations. 2 Compensation shall not be payable under this Regulation to a claimant to whom Regulation 16 or 17 of these Regulations has been applied. Retirement compensation for diminution of emoluments 19 The provisions of Regulations 16 and 18 of these Regulations shall apply to a person to whom this Part of these Regulations applies and who has suffered diminution of emoluments, but the sums payable to such a person in the circumstances mentioned in those Regulations shall be sums which bear to the sums which would have been payable thereunder had the claim been in respect of loss of employment the same ratio as the amount by which the claimant's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments: Provided that no compensation shall be payable if this ratio is less than 2½ per cent. Compensation of claimant who obtains further pensionable employment 20 1 This Regulation shall apply to a person who, after suffering loss of employment or diminution of emoluments as a regular fireman, enters employment in which he is subject to a pension scheme and thereafter becomes entitled to reckon service for the purposes of that scheme by virtue of any pensionable service which is taken into account for the purpose of any award or notional award, under the Firemen's Pension Scheme, by reference to which the amount of any retirement compensation payable to him falls to be assessed. 2 No retirement compensation for loss of employment or diminution of emoluments shall be payable to a person to whom this Regulation applies unless the annual rate of the emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate, on entry, of the emoluments of the new employment by more than 2½ per cent. of such first mentioned emoluments. 3 Subject to Regulation 26 of these Regulations, any retirement compensation for loss of employment or diminution of emoluments payable to a person to whom this Regulation applies shall be payable at the rate at which compensation for loss of employment would be payable— a in the case of any retirement compensation, if for the purpose of calculating any pension or notional pension under the Firemen's Pension Scheme by reference to which it falls to be assessed, his average pensionable pay (or, where appropriate, his pensionable pay) had been of an amount corresponding to the difference between the two rates referred to in the preceding paragraph; and b in the case of retirement compensation for diminution of emoluments, if Regulation 19 of these Regulations had not been made: Provided that retirement compensation for diminution of emoluments shall not by virtue of this paragraph be payable to a person at an annual rate in excess of that of the retirement compensation which would have been payable under Regulation 19 had this Regulation not been made and had the person reached the age of compulsory retirement when he ceased to hold the employment in which he suffered diminution. Calculation of notional pension referred to in Regulations 16 and 18 21 1 The notional pension referred to in Regulations 16 and 18 of these Regulations is one payable at an annual rate at which an ill-health pension would have been payable under the Firemen's Pension Scheme to the person concerned— a if he had retired with such a pension on the date on which he lost employment as a regular fireman or suffered diminution of emoluments; and b in the case of a person who had attained the age of forty years at that date, if, in addition to the pensionable service reckonable under the Firemen's Pension Scheme, he had been entitled to reckon an additional period of pensionable service in accordance with paragraph (2) of this Regulation and had served as a regular fireman for that period. 2 The additional period of pensionable service referred to in the preceding paragraph shall be a period of two years together with— a a further two years for each of the first four completed years of the person's reckonable service between the date when he attained the age of forty years and the date of the loss or diminution; and b a further year for each completed year of such service after the four: Provided that the additional period of pensionable service shall not exceed the shortest of the following periods, namely— i the period for which the person would have served as a regular fireman after the date of the loss or diminution had he continued so to serve until he attained the age of compulsory retirement, ii his period of reckonable service, or iii fifteen years. 3 For the purposes of the preceding paragraph the expression “ reckonable service ” includes any period of service or employment which has been taken into account for the purposes of any award under the Firemen's Pension Scheme to which the person concerned has become entitled . Factors governing the payment of retirement compensation 22 1 A person entitled to retirement compensation under Regulation 16, 17 or 18 of these Regulations shall pay to the compensating authority an amount equal to any award by way of repayment of aggregate contributions received by him under the Firemen's Pension Scheme on ceasing to be a regular fireman but, where he has made the said payment to the compensating authority before becoming entitled to retirement compensation as aforesaid, that authority may, at his request before he becomes so entitled, refund the payment to him; and if the said payment is not made to the compensating authority, or is refunded by them, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said award under the Firemen's Pension Scheme. 2 In the case of a person who undertook, for the purposes of the Firemen's Pension Scheme, to make payments by regular instalments in respect of previous service, the compensating authority shall be empowered to deduct the balance of the sum outstanding under the undertaking when he ceased to serve as a regular fireman, if any, from any payments to him of retirement compensation. 3 The provisions of the Firemen's Pension Scheme relating to the allocation of a pension, that is to say to the surrender by a regular fireman of a portion of his pension in favour of his wife or such other person as is substantially dependent on him, shall, subject to any necessary modifications have effect in relation to any retirement compensation as they have effect in relation to an ordinary or ill-health pension under the Firemen's Pension Scheme; and without prejudice to the generality of the preceding provisions of this paragraph— a where before the date of the loss or diminution a regular fireman has, under the Firemen's Pension Scheme, allocated an ordinary pension and the allocation has taken effect, the said provisions shall apply as if the retirement compensation were an ordinary pension; and b the said provisions shall apply as if any reference to the fire authority included a reference to the compensating authority and as if any reference to retirement included a reference to a person becoming entitled to retirement compensation. 4 Where a pension or notional pension under the Firemen's Pension Scheme by a reference to which any retirement compensation falls to be assessed would, under that Scheme, be reduced in respect of any period beyond the age of sixty-five years, the retirement compensation shall be re-assessed on the person attaining that age, account being taken of the said reduction. 5 Where a person to whom retirement compensation is payable is in employment in which he is subject to a pension scheme, then, as the compensating authority may think reasonable having regard to the said pension scheme, they may on awarding, or reviewing under Regulation 28 of these Regulations, that compensation reduce or withhold so much thereof as is attributable to the provisions of Regulation 1(1)(b) of these Regulations. 6 Where a person to whom retirement compensation is payable is, for any period, in such employment that if a pension were payable to him under the Firemen's Pension Scheme the fire authority would be empowered to withdraw the whole or any part of the pension the compensating authority shall have the like power to withdraw the compensation. 7 Where a person dies while in receipt of retirement compensation, then if the aggregate of— a the sums paid in respect of that compensation, or the sums which would have been so paid but for the provisions of paragraph (3) of this Regulation; and b the capital value of any compensation payable under Regulation 23 of these Regulations in respect of his death, is less than his aggregate contributions for the purposes of the Firemen's Pension Scheme, there shall be paid to his estate the difference by way of adjustment of the amount of the retirement compensation. Compensation payable on the death of a claimant 23 1 Where a person dies after suffering loss of employment as a regular fireman, the like payments shall be made to or for the benefit of his widow or child, by way of compensation, as would have been payable, by way of pension or allowance under the Firemen's Pension Scheme— a if he had retired with a pension under that Scheme on the date on which he lost employment as a regular fireman; and b in the case of a person who had attained the age of forty years on that date, other than a person who became entitled to retirement compensation under Regulation 17 of these Regulations, if in addition to the pensionable service reckonable under the Firemen's Pension Scheme he had been entitled to reckon the additional period of pensionable service mentioned in Regulation 21(2) of these Regulations: Provided that the said payments by way of compensation shall not, by reason of sub-paragraph ( b ) of this paragraph, exceed those which would have been payable by way of pension or allowance under the Firemen's Pension Scheme, calculated by reference to the person's average pensionable pay (or, where appropriate, his pensionable pay) immediately before he ceased to serve as a regular fireman, if he had continued to serve as such until he died. 2 Where a person dies after suffering diminution of emoluments, the preceding paragraph shall apply with the substitution of references to diminution of emoluments for references to loss of employment if the compensation calculated in accordance therewith is assessed by reference to the person's average pensionable pay (or, where appropriate, his pensionable pay), but the compensation payable shall be that proportion of the compensation so calculated which the amount by which the person's net emoluments have been diminished (calculated as an annual amount) bears to the amount of his net emoluments: Provided that no compensation shall be payable in accordance with this paragraph if the said proportion is less than 2½ per cent. 3 Compensation payable in accordance with this Regulation shall be payable on the like conditions in all respects as a widow's pension or, as the case may be, a child's allowance under the Firemen's Pension Scheme and, accordingly, the provisions of that Scheme (including any provision for the commutation of a pension or allowance for a gratuity) shall apply, subject to any necessary modifications, in relation to such compensation as they apply in relation to such a pension or allowance. 4 Except where retirement compensation payable to the deceased person has been reduced under Regulation 22(1) of these Regulations, the payments by way of compensation under this Regulation shall, in the aggregate, be reduced by an amount the capital value whereof is equal to the amount of any award by way of repayment of aggregate contributions received by him under the Firemen's Pension Scheme and either not paid to the compensating authority in accordance with the said Regulation 22(1) or refunded to him by that authority; and, where payments under this Regulation are made to or for the benefit of two or more persons, the said reduction shall be apportioned between those payments according to the capital value thereof. 5 In this and the next following Regulation the expression “ child ” has the same meaning as in the Firemen's Pension Scheme and related expressions shall be construed accordingly . Abatement of compensation by award under the Firemen's Pension Scheme 24 1 Where compensation under this Part of these Regulations is payable to a person who has lost employment as a regular fireman or to or for the benefit of his widow or child and a pension or allowance under the Firemen's Pension Scheme is also so payable, the annual amount of the compensation shall be abated by the annual amount of the corresponding pension or allowance. 2 For the purposes of this Regulation, where a pension has been reduced under the provisions of the Firemen's Pension Scheme— a relating to the allocation of a portion of a pension and mentioned in Regulation 22(3) of these Regulations, or b relating to the commutation of a portion of pension for a lump sum, the annual amount of that pension shall be deemed to be the annual amount which would have been payable but for the said reduction. 3 For the purposes of this Regulation no account shall be taken of a pension payable to a widow or child under the Firemen's Pension Scheme by reason of the allocation by the husband or father of a portion of his pension. Intervals for payment of compensation under Part IV 25 Retirement compensation and other compensation awarded as annual sums under this Part of these Regulations shall be payable in advance at intervals equivalent to those at which the corresponding award under the Firemen's Pension Scheme would have been payable or at such other intervals as may be agreed between the recipient and the compensating authority. PART V ADJUSTMENT, REVIEW AND COMPOUNDING OF COMPENSATION Adjustment of compensation where superannuation benefit is also payable 26 1 This Regulation shall apply to a person who, after suffering loss of employment as a regular fireman or diminution of emoluments, enters employment in which he is subject to a pension scheme and thereafter a superannuation benefit becomes payable to or in respect of him under that scheme for the purposes of which service is reckonable— a by virtue of any reckonable service by reference to which any long-term compensation payable to him falls to be assessed; or b by virtue of any pensionable service which is taken into account for the purposes of any award or notional award under the Firemen's Pension Scheme, by reference to which the amount of any retirement compensation or compensation payable on death, payable to or in respect of him, falls to be assessed. 2 The compensating authority may adjust the long-term compensation, retirement compensation or compensation payable on death, as the case may be, payable to or in respect of a person to whom this Regulation applies, by withholding or reducing the compensation in accordance with this Regulation, in respect of any period for which the benefit mentioned in the preceding paragraph is payable. 3 If the part of any superannuation benefit by way of annual amounts which is attributable to a period of service reckonable as mentioned in paragraph (1) of this Regulation equals or exceeds the part of any compensation which is attributable to the reckonable or pensionable service so mentioned, that part of the compensation may be withheld, but if such part of the superannuation benefit is less than such part of the compensation, the compensation may be reduced by an amount not exceeding such part of the superannuation benefit. 4 Where retirement compensation is payable to a person to whom this Regulation applies who had attained the age of forty years at the date of loss of employment or diminution of emoluments, then, if the compensation is assessed by reference to his notional pension calculated in accordance with Regulation 21 of these Regulations, the compensation may be reduced by that part thereof as is attributable to the additional period of pensionable service referred to in paragraph (2) of the said Regulation or by so much of that part as appears appropriate to the compensating authority, having regard to— a the proportion that additional period of pensionable service bears to the period of subsequent employment mentioned in paragraph (1) of this Regulation; and b the provisions under which service is reckonable for the purposes of the relevant pension scheme as mentioned in paragraph (1)( b ) of this Regulation. 5 Where compensation has been calculated in accordance with Regulation 20 of these Regulations, the provisions of this Regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person concerned was entitled on entering the new employment referred to in the said Regulation 20. 6 Where compensation is payable in respect of diminution of emoluments, the provisions of this Regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person concerned was entitled immediately prior to the diminution. Provision of information 27 Where— a a person after suffering loss of employment or diminution of emoluments enters any employment referred to in Regulation 20(1) of these Regulations or becomes entitled to any superannuation benefit on ceasing to hold such employment; or b a person entitled to long-term compensation enters employment the remuneration whereof is payable out of public funds, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or c a person entitled to retirement compensation enters employment by virtue of which the compensation may be withdrawn under Regulation 22(5) of these Regulations, or ceases to hold such employment, or receives any increase in his remuneration in such employment, he shall forthwith inform the compensating authority in writing of that fact. Review of award of long-term or retirement compensation 28 1 The compensating authority shall, within a period of two years after the date on which any decision on a claim for long-term or retirement compensation for loss of employment as a regular fireman (other than compensation payable under Regulation 17 of these Regulations) is notified to a claimant under Regulation 30 of these Regulations, review their decision or, where the claim has been the subject of an appeal, the decision of the tribunal at intervals of not more than six months, and these Regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these Regulations. 2 The claimant may require the compensating authority to carry out the review mentioned in the last foregoing paragraph at any time within the period of two years mentioned in that paragraph if he considers that there has been a change in the circumstances of his case which is material for the purposes of these Regulations. 3 The compensating authority shall carry out a review in accordance with paragraph (1) of this Regulation, notwithstanding the expiration of the period mentioned in that paragraph if— a the emoluments of employment or work undertaken in place of the employment which has been lost had been taken into account in determining the amount of any compensation awarded, and b such employment or work has been lost or the emoluments thereof reduced, otherwise than by reason of misconduct or incapacity to perform such duties as he might reasonably have been required to perform, and c the compensating authority is satisfied that such loss or reduction is causing hardship to the claimant, and where any decision is so reviewed, the decision shall be subject to further review in accordance with paragraph (1) of this Regulation as if the review carried out under this paragraph had been the initial determination of the claim. 4 Paragraphs (1) and (2) of this Regulation shall apply in relation to any decision on a claim for long-term or retirement compensation in respect of diminution of emoluments as they apply in respect of any decision mentioned in the said paragraph (1): Provided that— a no review shall take place after the date on which the claimant ceases to hold the employment in which his emoluments were diminished, except a review as at that date; and b while the claimant continues to hold that employment there shall be no limit to the period within which a review may take place. 5 Notwithstanding anything contained in the foregoing provisions of this Regulation, the compensating authority shall review a decision (whether of the authority or the tribunal) on a claim for long-term compensation for loss of employment or diminution of emoluments as a regular fireman after the expiration of any period within which a review is required to be made if at any time— a the claimant is engaged in employment (hereinafter referred to as his “ current employment ”) the remuneration whereof is payable out of public funds and which he has undertaken in place of employment as a regular fireman, and b the aggregate of the net emoluments of his current employment and the long-term compensation payable to him exceed his net emoluments as a regular fireman or, as the case may be, the amount of those emoluments prior to their diminution, and the authority shall thereafter further review such decision whenever the net emoluments of the claimant's current employment are increased; but if on any such review the compensation is reduced, it shall not be reduced below the amount by which the net emoluments of the claimant's current employment fall short of his net emoluments as a regular fireman or, as the case may be, the amount of those emoluments prior to their diminution. 6 The compensating authority shall give to a claimant not less than fourteen days' notice of any review to be carried out under this Regulation otherwise than at his request. 7 Nothing in this Regulation shall preclude the making of any adjustment of compensation required by any other provision of these Regulations. Compounding of awards 29 1 In a case where compensation which has been or might be awarded under these Regulations does not exceed £26 a year, the compensating authority may, at their discretion, compound their liability in respect thereof by paying a lump sum equivalent to the capital value of the annual sum. 2 In any other case the compensating authority may, if the person who has been awarded long-term or retirement compensation requests them to do so and they, in their discretion, after having regard to the state of health of that person and the other circumstances of the case, deem fit, compound up to one quarter of their liability to make payments under the award (other than payments to a widow or child under Regulation 23 of these Regulations) by the payment of an equivalent amount as a lump sum. 3 The making of a composition under paragraph (2) of this Regulation in relation to an award of long-term or retirement compensation shall not prevent the subsequent making of a composition under paragraph (1) of this Regulation in relation to that award, but, subject as aforesaid, not more than one composition may be made in relation to any award. PART VI PROCEDURE AND MISCELLANEOUS Procedure on making claims 30 1 Every claim for compensation under these Regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with the provisions of this Regulation. 2 Every such claim and request shall be made to the compensating authority in a form approved by the Secretary of State for the purpose and shall state whether any other claim for compensation has been made by the claimant under these Regulations. 3 Resettlement compensation shall be claimed separately from any other form of compensation claimable under these Regulations. 4 The compensating authority shall consider any such claim or request in accordance with the relevant provisions of these Regulations and shall notify the claimant in writing of their decision— a in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim, and b in the case of a claim for, or request for the review of an award of, compensation under Part III or Part IV of these Regulations, not later than thirteen weeks after the receipt of the claim or request, and c in any other case, as soon as may be after the decision. 5 Every notification of a decision by the compensating authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these Regulations) shall contain a statement— a giving reasons for the decision; b showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these Regulations, showing the factors taken into account in awarding that amount; and c directing the attention of the claimant to his right, if he is aggrieved by the decision, to refer the matter to the tribunal, and giving him the address of the office to which the reference should be sent. Claimants to furnish information 31 1 Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information and supplementary information as the compensating authority or the tribunal may at any time reasonably require; and shall verify the same in any such manner, including the production of books or of original documents in his possession or control, as may be reasonably so required. 2 Any such person as aforesaid shall, on receipt of reasonable notice, present himself for interview at any such place as the compensating authority or the tribunal may reasonably require. 3 Any person who attends for interview as aforesaid may, if he so desires, be represented by his adviser. Procedure on death of claimant 32 1 In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, the claim for compensation under these Regulations may be continued or made (as the case may be) by his personal representative. 2 Where any such claim is continued or made as aforesaid by a personal representative, the personal representative shall, as respects any steps to be taken or thing to be done by him in order to continue or make the claim, be deemed for the purposes of these Regulations to be the claimant, but, save as aforesaid, the person in right of whom he continues or makes the claim shall be deemed for all the purposes of these Regulations to be the claimant, and the relevant provisions of these Regulations shall be construed accordingly: Provided that the compensating authority may in any such case extend the period within which a claim is required to be made by Regulation 5 or 11 of these Regulations. Calculation of reckonable service 33 For the purpose of making any calculation under these Regulations in respect of a person's reckonable service, all periods of such service shall be aggregated, and if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds six months, be treated as a year, and in any other case be disregarded. Compensation not assignable 34 1 Subject to any statutory provision in that behalf, any compensation under these Regulations shall be paid by the compensating authority and (except in the case of compensation payable in accordance with Regulation 23(3) of these Regulations) shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable. 2 Any sum payable as compensation to a person by a compensating authority shall be recoverable as a debt due from the authority. Right of appeal from decision of the compensating authority 35 1 Every claimant who is aggrieved by any decision of the compensating authority with respect to compensation under these Regulations or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these Regulations may within three months of the notification to him of the decision or the expiry of the prescribed time, as the case may be, refer the matter to the tribunal. 2 Reference of a matter to the tribunal as aforesaid by a claimant shall be made in writing. 3 On receipt of such a reference, the tribunal shall consider and determine the matter in accordance with the provisions of these Regulations and the compensating authority shall give effect to the decision of the tribunal with any modifications that may be required in consequence of any appeal from the decision on a point of law. 4 On any such reference the tribunal may, if it thinks fit, appoint a person having special knowledge or experience in relation to the subject matter of the reference to sit with the tribunal as an assessor. Application of payments 36 Any payment made by a person to a compensating authority under Regulation 22(1) of these Regulations, by reason that he has received an award by way of repayment of aggregate contributions under the Firemen's Pension Scheme, shall, except in so far as it has been refunded to him, be applied to the payment of compensation which the authority are liable to pay under Part IV of these Regulations. PART VII INTERPRETATION AND COMMENCEMENT Interpretation 37 1 In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:— “ age of compulsory retirement ” means , in relation to a regular fireman, the age at which he would become liable to be required to retire on account of age under the Firemen's Pension Scheme ; “ the Act ” means the Local Government Act 1958 ; “ the Act of 1933 ” means the Local Government Act ; “ the Act of 1963 ” means the London Government Act 1963 ; “ compensating authority ” means — in relation to any person or class of persons affected by an order under Part II of the Act or Part VI of the Act of 1933, the authority designated by the order as the compensating authority for the purposes of the application of these Regulations in relation to that person or class of persons; in relation to any person or class of persons affected by the Act of 1963 or of any instrument made thereunder, the fire authority by whom he was last employed prior to his loss of employment or loss or diminution of emoluments; “ emoluments ” means all salary, wages, fees and other payments paid or made to a person, for his own use, and by virtue of his employment, and includes the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime, other than payments which are a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment ; and “ net emoluments ” means — in relation to employment as a regular fireman which has been lost or in which a person has suffered a diminution of emoluments, the annual rate of the person's emoluments as a regular fireman immediately before such loss or diminution, less the pension contributions payable by him under the Firemen's Pension Scheme; and in relation to any other employment, the annual rate of the emoluments of that employment at the time in question, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his employment; “ Firemen's Pension Scheme ” means the Scheme from time to time in force under section 26 of the Fire Services Act 1947 ; “ local authority ” means the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district and includes the Greater London Council, the Common Council of the City of London, the council of the Isles of Scilly, any two or more of those authorities acting jointly, any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area ; “ long-term compensation ” means compensation payable in accordance with the provisions of Part III of these Regulations for loss of employment or loss or diminution of emoluments ; “ material date ” means — in relation to any person affected by an order under Part II of the Act or Part VI of the Act of 1933 or by an instrument under the Act of 1963, the date on which the order or instrument was made or such other date or dates as may be specified in the order or instrument in relation to him for all or any of the purposes of these Regulations; in relation to any person affected by the Act of 1963, otherwise than by an instrument made thereunder, 1st April 1965; “ national service ” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent— in the case of a person whose last relevant employment was as a justices' clerk, of the authority by whom he was appointed, or in the case of any other person, of the authority or person under whom he held his last relevant employment, and, in relation to a regular fireman, service otherwise than as a member of a fire brigade maintained under the Fire Services Act 1947 which is pensionable under the Firemen's Pension Scheme ; “ office ” includes any place, situation or employment and the expression “ officer ” shall be construed accordingly ; “ pensionable pay ” and “ average pensionable pay ” have the same meanings, respectively, as in the Firemen's Pension Scheme ; “ pension scheme ” means a scheme for the payment of superannuation benefits to a person as part of the terms and conditions of any employment held by him ; “ pensionable service ” has the same meaning as in the Firemen's Pension Scheme ; “ reckonable service ” in relation to a person means any period of whole-time employment and the proportionate part of any period of part-time employment in any relevant employment and includes any period of war service or national service undertaken on the person's ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which the person has become entitled ; “ registration officer ” means a superintendent registrar, deputy superintendent registrar, registrar of births and deaths, deputy registrar of births and deaths, registrar of marriages appointed under section 7 of the Registration Service Act 1953, or a person employed under any such officer for the purposes of his functions as such officer ; “ regular fireman ” means a member of a fire brigade of a class prescribed by the Firemen's Pension Scheme for the purposes of section 2 of the Fire Services Act 1951 ; “ relevant employment ” means employment— under the Crown or in the service of a local authority in Great Britain, or by any authority or body for the purposes of the Crown or of local government in Great Britain, or under any officer employed as mentioned in either of the foregoing paragraphs of this definition for the purposes of the functions of the employing authority or body, or preceding any of the foregoing employments which was reckonable for the purposes of any pension scheme associated with the employment which has been lost, or in such other service as the Secretary of State may, in the case of any named officer, approve; “ resettlement compensation ” means compensation payable in accordance with Part II of these Regulations for loss of employment suffered by a person to whom these Regulations apply ; “ retirement compensation ” means compensation payable in accordance with the provisions of Regulation 16, 17,18 or 19 of these Regulations ; “ tribunal ” means a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor ; “ war service ” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939, the Police and Firemen (War Service) Act 1939 or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment . 2 The following persons shall be deemed for the purposes of these Regulations to be officers of local authority, whether or not they are the holders of any office under such an authority, that is to say— a registration officers, b public analysts and deputy public analysts, c medical referees and deputy medical referees of crematoria provided by local authorities, and references to employment in the service of a local authority shall be construed accordingly. 3 Where under any provision of these Regulations a capital value is to be assigned to an annual amount, the capital value shall be calculated by the Government Actuary. 4 Unless the context otherwise requires, references in these Regulations to the provisions of any enactment, rule, regulation, order or scheme shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme. 5 The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to an Act of Parliament. Citation and commencement 38 These Regulations may be cited as the Fire Services (Compensation) Regulations 1965 and shall come into operation on 1st April 1965. Frank Soskice One of Her Majesty's Principal Secretaries of State Home Office, Whitehall 22nd March 1965