Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8x
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8X
Character Range: 71766–74239

8X  Payment of Senior Officers' allowance on a regular basis
 (1) In this regulation:
higher duties allowance means an allowance of the kind described in paragraph 4(1)(a).
 (2) If an eligible employee:
 (a) holds an office (the first office) in respect of which Senior Officers' allowance is payable (whether or not he or she has elected not to receive that allowance); and
 (b) temporarily performs the duties of another office (the second office) in respect of which Senior Officers' allowance is payable;
Senior Officers' allowance in respect of the second office is taken to be payable to the eligible employee on a regular basis if he or she is entitled to receive higher duties allowance that is taken, under regulation 6, to be payable on a regular basis.
 (3) If an eligible employee who holds an office in respect of which Senior Officers' allowance is not payable is temporarily performing the duties of an office in respect of which Senior Officers' allowance is payable, Senior Officers' allowance is taken to be payable to the eligible employee on a regular basis if he or she:
 (a) is entitled to receive higher duties allowance:
 (i) that is taken, under regulation 6, to be payable on a regular basis; and
 (ii) that is not, under subregulation 7(2), excluded from being treated as salary; and
 (b) has not elected to receive overtime payments instead of Senior Officers' allowance.
 (4) If an eligible employee:
 (a) is temporarily performing the duties of an office in respect of which Senior Officers' allowance is payable (whether or not he or she holds an office in respect of which Senior Officers' allowance is payable); and
 (b) is entitled to receive higher duties allowance in respect of those duties; and
 (c) commences to perform the duties of another office (the second office) in respect of which Senior Officers' allowance is payable at the same or a higher rate;
Senior Officers' allowance is taken to be payable to the eligible employee on a regular basis at the rate appropriate to the second office if:
 (d) the higher duties allowance that the eligible employee is entitled to receive in respect of the second office:
 (i) is taken, under regulation 6, to be payable to the employee on a regular basis; and
 (ii) is not, under subregulation 7(2), excluded from being treated as salary; and
 (e) the eligible employee has not elected to receive, in respect of the second office, overtime payments instead of Senior Officers' allowance.