NATIONAL ASSISTANCE PART I Citation and Interpretation 1 These Regulations may be cited as the National Assistance (Compensation) Regulations, 1948, and shall come into operation on the fifth day of July, 1948. 2 In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— “ accrued pension ”, in relation to a pensionable officer who has suffered loss of employment, means if the pension scheme to which the officer was last subject before losing his employment provided benefits in which he had no right to participate but had reasonable expectations of participating, such proportion of the benefit of which he had reasonable expectations as the compensating authority considers equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; and in any other case the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was last subject before losing his employment, if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service or contribution, and includes the annual value as ascertained by an actuary of any contingent right under the scheme in respect of widow's pension or any other benefit which might have become payable to his widow or to his legal personal representatives on his death had he not lost his employment, but does not include any part of such pension as aforesaid which is attributable to any remuneration enjoyed, whether before or after the prescribed date, in consequence of an increase between the 30th day of October, 1947, and the prescribed date in the remuneration of any employment, if it can be shown that the increased remuneration was not granted in the ordinary course of that employment or in consideration of the person's assumption of increased responsibilities or new duties in connexion with the discharge of the existing functions of the body employing him ; “ accrued incapacity pension ” has the same meaning as “accrued pension” except that the reference to a person's having attained normal retiring age shall be construed as a reference to his having become incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body ; “ accrued retiring allowance ”, in relation to a pensionable officer who has suffered loss of employment, means any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was last subject before losing his employment, if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service ; “ the Act ” means the National Assistance Act, 1948 ; “ the Acts ” means the National Insurance Acts, 1946, the National Health Service Act, 1946, and the Act ; “ actuary ” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland ; “ compensating authority ”, in relation to a person who has suffered loss of employment or diminution of the emoluments of his employment, means the county or county borough council by whom he was or is employed, as the case may be, or if he was or is not employed by such or is mainly employed or, if he was employed by a joint vagrancy committee, such one of its constituent authorities as may be agreed between them, or, in default of agreement, as may be determined by the Minister ; “ emoluments ” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, 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 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 also does not include any remuneration enjoyed, whether before or after the prescribed date, in consequence of an increase between the 30th day of October, 1947, and the prescribed date in the remuneration of any employment, if it can be shown that the increased remuneration was not granted in the ordinary course of that employment or in consideration of the person's assumption of increased responsibilities or new duties in connexion with the discharge of the existing functions of the body employing him ; “ existing officer ” means a person who immediately before the prescribed date— devoted the whole of his time, and had so devoted it for a period of not less than eight years before the prescribed date after attaining the age of eighteen years without a break of more than twelve months at any one time to employment under the Crown or in the local government service in Great Britain, or to employment by any authority or body functions of which cease or are transferred in consequence of any of the Acts or the National Health Service (Scotland) At, 1947, or to employment under an officer engaged in any such employment as aforesaid for the purposes of the functions of the employing authority or body or to any combination of such employments, or partly to any such employment or combination of employments as aforesaid and partly to employment as a superintendent registrar or registrar of births and deaths, a registrar of marriages or a person designated by a local authority to act as a deputy superintendent registrar or registrar of births and deaths; and was employed for at least part of his time in England or Wales for the purposes of functions which cease, or are transferred from the employing authority or body, in consequence of any of the Acts, not being a person to whom section 60 (2) of the Act applies ; “ national service ” means war service within the meaning of the Local Government Staffs (War Service) Act, 1939, and employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act, 1940 ; “ net emoluments ”, in relation to an officer who suffers loss of employment or diminution of emoluments, means the annual rate of his emoluments immediately before such loss or diminution, after deducting therefrom the like percentage thereof as the percentage of his emoluments which he was then liable to contribute under any pension scheme associated with his employment: Provided that— if, for the purposes of the foregoing definition, account is required to be taken of any fees payable to a person as part of his emoluments, the amount thereof shall be taken to be the annual average of the fees paid to him during the three years immediately preceding the loss of employment or diminution of emoluments, or, if the fees were payable in respect of a shorter period, such shorter period; and any amount by which the annual rate of his emoluments exceeds £4,000 shall be disregarded; and if the officer was not a pensionable officer, no deduction shall be made on account of pension contributions; “ normal retiring age ” means , in relation to an officer in whose case an age of compulsory retirement applied by virtue of any pension scheme associated with the employment he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case, the age of sixty-five years if the officer is a male, or sixty years if the officer is a female ; “ office ” means any place, situation or employment , and the expression “ officer ” shall be construed accordingly ; “ pensionable officer ”, in relation to an officer who has suffered loss of employment, means an officer who immediately before the prescribed date was subject to a 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 ; “ prescribed date ” means the fifth day of July, 1948 ; “ service ” in relation to a person means any period of whole-time or part-time employment in Great Britain, after attaining the age of eighteen years, under the Crown or in local government service, or under any authority or body functions of which cease or are transferred in consequence of any of the Acts or the National Health Service (Scotland) Act, 1947, or under an officer engaged in any such employment as aforesaid for the purposes of the functions of the employing authority or body, or as a superintendent registrar or registrar of births and deaths, a registrar of marriages, or a person designated by a local authority to act as a deputy superintendent registrar or deputy registrar of births and deaths, and includes any period of national service under taken on the person's ceasing to hold any such employment as aforesaid, but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefits to which the person has become entitled ; “ tribunal ” means such referee or board of referees appointed by the Minister of Labour and National Service, after consultation with the Lord Chancellor, as has jurisdiction in respect of the district in which a claimant for compensation is or was last employed . 3 The Interpretation Act, 1889, shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament. PART II Compensation of Officers who suffer loss of Employment or Diminution of Emoluments which is attributable to the passing of any of the Acts 4 Subject to the provisions of the next succeeding regulation, every person who was an existing officer and who suffers loss of employment or diminution of emoluments which is attributable to the passing of any of the Acts shall, in so far as provision is not made in that behalf by or under any enactment other than the Act, be entitled to have his case considered for the receipt of compensation under these regulations, such compensation to be determined in accordance with the provisions of the schedule hereto: Provided that a person shall not be entitled to compensation for loss of employment at or for the purposes of a medical or dental school for which a new governing body is constituted under Part II of the National Health Service Act, 1946, or for the diminution of the emoluments of any such employment. 5 Nothing in the last preceding regulation shall entitle a person to have his case considered for compensation unless— a the cause of the claim to compensation arises not later than ten years after the prescribed date, and the claim is made not later than two years after the date on which the cause of claim arises; and b i his office is abolished and he is not offered a reasonably comparable office under the Crown or in the local government service or under any body constituted under any of the Acts; or ii his appointment is determined because his services are not required or because his duties are diminished (no misconduct being established); or iii his emoluments are diminished: Provided that for the purposes of this regulation a person shall not be deemed to have been offered an office which is not reasonably comparable with an office which is abolished by reason only of the fact that the duties of the office offered are duties in relation to the administration of a different service from that in connexion with which his office was held or are duties which involve a transfer of his employment from one place to another within England or Wales. 6 If a person who has claimed compensation under these regulations is aggrieved by the refusal of the compensating authority to accept his claim or by their failure to come to a decision on his claim within three months after the date on which it was received by them, or by a decision that no compensation should be paid to him or by the amount of compensation awarded, he may, within three months after the refusal or failure or after the date on which he received noticed of the decision, as the case may be, refer the matter to the tribunal, and the tribunal shall consider any matter so referred in accordance with the provisions of these regulations and determine accordingly whether any, and if so what, compensation ought to be awarded to the claimant, and the compensating authority shall give effect to the decision of the tribunal. 7 1 Any compensation to which an officer 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 Any sum payable as compensation to a person under these regulations shall be recoverable as a debt due from the compensating authority. 3 Where the compensating authority is a constituent authority of a joint vagrancy committee, the other constituent authorities shall contribute towards the payment of any compensation payable by the first mentioned authority in such proportions as may be agreed between the constituent authorities or, in default of agreement, as may be determined by the Minister. PART III Officers on National Service on the Prescribed Date 8 Any person (hereinafter referred to as an “ officer on national service ”) who is engaged in national service immediately before the prescribed date and who, if he had continued to be employed until the prescribed date in the capacity in which he was employed before becoming engaged in national service, would have been an existing officer, shall be deemed to be an existing officer within the meaning of these regulations, and if at the date on which he ceased to be so employed he was subject to a pension scheme, and his national service or any part thereof would be reckonable for the purposes of that scheme if he again became subject thereto on the termination of his national service, he shall also be deemed to be a pensionable officer within the meaning of these regulations . 9 Subject to the provisions of the next succeeding regulation, if an officer on national service ceases to be engaged in national service and in consequence of the passing of any of the Acts— a is not given or offered by his former employer re-employment in his former office, or in any reasonably comparable office; or b is so re-employed with reduced emoluments, he shall be deemed for the purposes of these regulations, in the former case, to have suffered loss of employment which is attributable to the passing of that Act owing to the abolition of his office at the date of the refusal to re-employ him or employ him as aforesaid, and, in the latter case, to have suffered diminution of emoluments which is attributable to the passing of that Act. 10 No person shall, by virtue of the last preceding regulation, be entitled to have his case considered for compensation for any loss suffered by him by reason of his not being re-employed as therein mentioned unless within a period of two months after the date on which he ceased to be engaged in national service he gives notice in writing that he is available for employment to the authority or body by whom he was employed before becoming engaged in national service or, if that authority or body ceases to exist by virtue of any of the Acts, to the compensating authority in relation to officers of the first mentioned authority or body: Provided that if the person is prevented from giving notice within the said period by his sickness or other reasonable cause, the notice may be given as soon as reasonably may be after the expiration of that period. 11 For the purpose of ascertaining the net emoluments of a person to whom regulation 9 applies such person shall be deemed to have continued to follow his former employment until the cause of claim arose and to have been entitled to the emoluments thereof. 12 In relation to a pensionable officer to whom sub-paragraph (a) of regulation 9 applies, the expression “ accrued pension ” means the pension to which he would have become entitled according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was subject before becoming engaged in national service, if at the date on which he ceased to be engaged in national service he had been serving in his civil capacity and had attained normal retiring age, having complied with any requirement of the said pension scheme as to a minimum period of qualifying service . Given under the offical seal of the Minister of ealth this thritieth day of June, nineteen hundred and forty-eight. Aneurin Bevan Miniter of Health