1. These Regulations may be cited as the Probation (Compensation) (Amendment) Regulations 1971 and shall come into operation on 10th August 1971.

2. In these Regulations any reference to the principal Regulations is a reference to the Probation (Compensation) Regulations 1965(2).

3.-(1) Nothing in Regulation 4 of these Regulations shall affect the entitlement of any person to compensation under the principal Regulations where that entitlement has been determined before the date of the coming into operation of these Regulations.

(2) Notwithstanding anything contained in the principal Regulations, Regulations 5, 6, 7 and 8 of these Regulations shall apply with effect from the date of the coming into operation of these Regulations in relation to any compensation under the principal Regulations awarded before that date.

4. After Regulation 2(1) of the principal Regulations (interpretation) there shall be inserted the following provision:-

"(1A) Except as provided in Regulations 6(2) and 12(2) of these Regulations, the expression "relevant employment"shall not include service in the armed forces of the Crown.".

5. For Regulation 8(1)(a) of the principal Regulations (deductions to be made in calculating resettlement compensation) there shall be substituted the following provision:-

"(a)unemployment, sickness or injury benefit under any Act relating to national insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of any dependant);".

6. After Regulation 33 of the principal Regulations (reduction of compensation) there shall be inserted the following Regulation:-

"Deduction in respect of national insurance benefit

33A.-(1) Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to national insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such national insurance benefits claimable in respect of that week, the weekly rate at which the long-term compensation would be payable but for this Regulation, and the weekly rate of any superannuation benefit taken into account for the purpose of Regulation 15(4) of these Regulations, exceeds two-thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished:

Provided that this paragraph shall not apply in relation to any such sickness or injury benefit insofar as an equivalent sum is deducted from the emoluments of his current employment and such deduction from those emoluments has not occasioned an increase in his long-term compensation.

(2) For the purposes of paragraph (1) of this Regulation the expression "weekly rate" means seven three hundred and sixty-fifths of the relevant annual rate.".

7. In Regulation 34 of the principal Regulations (certain changes in circumstances to be notified to the compensating authority) there shall be inserted after sub-paragraph (c) the following provision:-

"or

(d)a person entitled to long-term compensation is receiving or starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to national insurance,".

8. In Regulation 35(7) (review of awards of compensation) for the words "Regulation 32 or 33" there shall be substituted the words "Regulation 32, 33 or 33A".

EXPLANATORY NOTE

These Regulations amend the Probation (Compensation) Regulations 1965 (the principal Regulations) as follows:-

The provisions mentioned in (ii) to (iv) above apply to compensation in payment at the date of commencement of these Regulations as well as compensation awarded after that date (Regulation 3).