The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996

Payment of compensation under regulations 7, 8 and 9

10.—(1) Subject to paragraphs (3) and (4), a person’s short-term compensation payable under regulation 7 shall be payable from the day after that of the designated teacher’s death and the duration of the short-term compensation payable shall be ascertained from the table below.

TABLE

Person falling within regulation E23(2) of the	Duration of compensation
Superannuation Regulations	(months)
Spouse or nominated beneficiary with no child	3
Spouse or nominated beneficiary with one child or more	6
Child or children (where there is no spouse or nominated beneficiary)	6

(2) Subject to paragraphs (3) and (4), a person’s long-term compensation payable under regulation 8 or 9 shall be payable–

(a) from the day following that on which his short-term compensation ceases to be payable; or

(b) if no short-term compensation is payable, from the day after that of the designated teacher’s death,

and is payable for life.

(3) Unless the employing authority determines otherwise in a particular case, short-term or long-term compensation payable to or in respect of any person under regulation 7, 8 or 9–

(a) shall not be payable during any marriage or period of cohabitation as man and wife outside marriage; but

(b) if the employing authority so decides, may be payable upon the former recipient again becoming a widow or widower or on the termination of any such marriage or, as the case may be, of that period of cohabitation.

(4) Short-term or long-term compensation payable to or for the benefit of a child under regulation 7 or 9 shall cease to be payable when he ceases to be a child.

(5) (a) This paragraph applies where two or more designated teachers confer on the same child or, as the case may be children, entitlement to compensation (whether short-term or long-term).

(b) Where this paragraph applies the child or, as the case may be, children shall be entitled to receive payment of compensation in respect of not more than two designated teachers but where entitlement derives from three or more teachers the child or, as the case may be, children shall be entitled to receive payment of compensation in respect of the two teachers which will provide compensation of the largest amounts.

(6) In this regulation, payment of compensation means any payment or series of payments of compensation which may be paid to any person in terms of these Regulations.