5.—(1) Any person to whom these regulations apply because he satisfies the provisions of regulation 3(1)(b) and who before the expiry of two months after ceasing to be engaged on his national service, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice to the Secretary of State that he is available for employment, 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 in his former office or in any reasonably comparable office (whether in the same or in a different service), of loss of employment; or
(b)if he is so re-employed with diminished emoluments as compared with the emoluments which he would have enjoyed had he continued in his former employment, of diminution of emoluments.
(2) The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) 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 person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment.