Annex A: Trawlermen's compensation scheme: Eligibility criteria and procedure for making claiims
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(Revised and re-issued on 21 November 2001. This document supersedes the version issued on 2 October 2000)
1. Purpose of scheme
The purpose of this scheme is to compensate former UK-based Icelandic water trawlermen for the loss of their industry due to the settlement of the “Cod Wars” of the mid-1970s.
2. Persons eligible for compensation under the scheme
2.1 Former Icelandic water trawlermen are eligible for compensation under the scheme.
2.2 “Former Icelandic water trawlerman” means –
an individual;
who worked at sea on vessels which fished out of UK ports and made voyages (not necessarily exclusively) to Icelandic waters;
for one or more owners of such vessels.
2.3 “Vessel which fished out of UK ports” means a vessel which started and ended its trawling voyages at a port in the United Kingdom.
2.4 “Icelandic waters” means the waters within 200 miles of the Icelandic coast.
2.5 A share fisherman – that is, a fisherman paid by a share in the gross earnings or profits of the vessel on which he worked – may be a former Icelandic water trawlerman.
2.6 A radio operator may be a former Icelandic water trawlerman.
2.7 Shore-based workers are not former Icelandic water trawlermen.
3. Periods in respect of which a claim for compensation may be made
3.1(a) A claim may be made in respect of the last continuous period of work undertaken by the former Icelandic-water trawlerman, provided that period-
Lasted at least two years prior to 1 January 1980; and
Ended on or after 1 January 1974.
(b) If the former Icelandic-water trawlerman’s last continuous period of work ended after 31 December 1979, it shall be treated as having ended on 31 December 1979.
3.2 “Continuous period of work” means a period of work as an Icelandic water trawlerman during which there were no relevant breaks between voyages of more than twelve weeks. A “relevant break” for these purposes means a break during which work (of any duration) other than work as an Icelandic water trawlerman was done. Breaks (whether relevant or otherwise) of less thank twelve weeks, even if in total these add up to more thank twelve weeks, count towards the continuous period of work. Breaks of longer than twelve weeks that were not relevant breaks may count towards the continuous period, provided that where possible evidence of the reasons for the breaks is supplied with the claim form (see paragraph 7.9) and provided that work as an Icelandic water trawlerman was resumed before 31 December 1979.
3.3 Subject to paragraph 3.1(b), the continuous period of work in respect of which the claim is made should be calculated from the date on which the first voyage as an Icelandic water trawlerman in that period began, to the date on which the last such voyage ended, inclusive of these dates.
3.4 Subject to paragraph 3.2, periods of work with different owners of vessels which fished out of UK ports may together count as continuous periods of work.
4. Who may make a claim under the scheme (“claimant”)
4.1 A claim may be made by a former Icelandic water trawlerman.
4.2 A claim may by made by the personal representative or executor(s) of a former Icelandic water trawlerman who is deceased.
4.3 A claim may be made by the trustee in bankruptcy of a former Icelandic water trawlerman who is bankrupt, or, where the estate of a former Icelandic water trawlerman has been sequestrated in Scotland, by the permanent trustee on that estate.
4.4 Where a former Icelandic water trawlerman is incapable by reason of mental disorder of managing and administering his property and affairs, a claim may be made on his behalf.
5. How to make a claim
5.1 Claims must be made by completing the appropriate form. This is available from the Watford office of the Redundancy Payments Service (RPS).
5.2 All claims will be acknowledged in writing on receipt by the Watford office of the RPS.
6. Time limit for making a claim and requests for missing information
6.1 Completed claim forms must be received at the Watford office of the RPS on or before 1 October 2002. No claim forms first received at that office after that date will be considered under any circumstances.
6.2 If a claim form is incomplete, or is not accompanied by sufficient supporting evidence (see paragraph 7), the claimant will be requested in writing to supply the missing information or documentation, which must be supplied within four weeks of the request. If it is not reasonably practicable for the claimant to supply the information or documentation within that timescale, the claimant must inform the Watford office of the RPS of that fact within that timescale and the information or documentation must then be supplied as soon as is reasonably practicable. If these conditions are not met, the claim will be rejected.
7. Evidence to be provided in support of claim
7.1 In order for a claim to be paid, it must be supported by a reasonable amount of documentary evidence on which to assess eligibility and the gross amount of compensation due. This should normally take the form of photocopies of fishing records and/or national insurance contribution records which demonstrate that the former Icelandic water trawlerman was employed as such during the period in respect of which the claim is made.
7.2 Where a former Icelandic water trawlerman or his personal representative has received one or more payments under the ED/DTI ex-gratia redundancy payments arrangements for former trawlermen (which operated between 1993 and 1995) the information in paragraph 7.1 should already be held on file by the RPS and the claimant will not normally be asked to provide it again. However, the RPS reserves the right in all cases to seek further supporting evidence from the claimant (whether in relation to ED/DTI ex gratia redundancy payments or otherwise).
7.3 In exceptional cases, e.g. where it can be demonstrated that fishing records were lost in a fire or similar circumstances, the RPS may be prepared to accept a sworn statement from the claimant in lieu of documentary evidence.
7.4 Where a claim is made by the personal representative of a former Icelandic water trawlerman, a copy of the grant of probate or letters of administration must be supplied with the claim form. If the estate of a deceased former Icelandic water trawlerman is being administered and wound up in Scotland, a copy of the confirmation or certificate of confirmation must be supplied with the claim form by the executor.
7.5 Where a former Icelandic water trawlerman dies during the consideration of his claim, the claim may be pursued by his personal representatives or executor(s), who should supply the copy documents referred to in paragraph 7.4.
7.6 Where a claim is made by the trustee in bankruptcy of a former Icelandic water trawlerman, a copy of the certificate of appointment must be supplied with the claim form. Where a claim is made by the permanent trustee on the sequestrated estate of a former Icelandic water trawlerman, a copy of the act and warrant must be supplied with the claim form.
7.7 Where a claim is made on behalf of a former Icelandic water trawlerman who is incapable by reason of mental disorder of managing and administering his property and affairs, a copy of the relevant court order must be supplied with the claim form.
7.8 Where a claim is made by a former Icelandic water trawlerman acting by his attorney, a copy of the instrument creating the power of attorney must be supplied with the claim form.
7.9 If a claim relates to a period during which there was a break between voyages of more than twelve weeks, documentary evidence must where possible be supplied with the form which demonstrates the reason for the break. Where the break was due to the former Icelandic water trawlerman being ill or injured, for instance, examples of suitable evidence would include copies of hospital records, copies of doctors’ notes or evidence of payment of sick or invalidity benefits. If no evidence is provided in respect of a break between voyages of more than twelve weeks, the RPS will obtain copies of national insurance contribution records to ascertain whether or not any work other than work as an Icelandic water trawlerman was done during that break. If so, the period of work will not be regarded as continuous.
8. Consideration of claim
8.1 Claims will be considered by officials at the Watford office of the RPS. If the criteria for eligibility described in paragraphs 2 and 3 are met, and if the procedure described in paragraphs 4 to 7 is followed, compensation will be payable, calculated as described in paragraph 9.
8.2 Claimants will be notified in writing as to whether or not their claim has been successful. If the claim has been unsuccessful, the reasons will also be given.
9. Amount of compensation payable to successful claimants
9.1 Payment will be calculated as follows:
gross amount of compensation: £19.23 for each complete week of the continuous period of work in respect of which the claim is made, with an extra £0.01 added for each complete thirteen week period, up to a maximum of £20,000 in total;
net payment to claimant: gross amount of compensation less the total amount of any payment or payments made to him (or his personal representative) under the ED/DTI ex-gratia redundancy payments arrangements for former trawlermen in respect of the period to which the claim for compensation relates (but not in respect of any earlier period or periods).
9.2 Reductions in respect of such ex-gratia redundancy payments already received will be made from the maximum possible compensation of £20,000. This means, for example, that a former Icelandic water trawlerman who worked as such for a continuous period of 25 years, and who received £8,000 under the ex-gratia redundancy payments arrangements, would be entitled to £12,000 in compensation under this scheme (£20,000 less £8,000).
10. Method of payment
Payment will be made in pounds sterling in all cases, regardless of the claimant’s place of residence. Payment will be by cheque or direct bank transfer.
11. Appeals
11.1 If a claimant is dissatisfied as a result of the rejection of his claim or the amount of compensation paid to him, he may write, setting out his grievance and the reasons for it, to-
Assistant Director
ER2b
Department of Trade and Industry
UG59
1 Victoria Street
London
SW1H 0ET
11.2 If the Assistant Director agrees that the claim should have been accepted, or a higher amount of compensation should have been paid, he may substitute his decision for that of the officials at the Watford office of the RPS. In such circumstances, the Assistant Director will notify the claimant in writing.
11.3 If the Assistant Director does not think that the claim should have been accepted, or that a higher amount of compensation should have been paid, he will notify the claimant in writing. If the claimant is dissatisfied with the Assistant Director’s decision, the claimant may appeal to an independent adjudicator for a decision as to whether or not the claim should have been accepted, or a higher amount of compensation should have been paid. Details of how to contact the independent adjudicator will be given by the Assistant Director when he notifies his decision to the claimant. An appeal will be considered by the independent adjudicator only if it is received by him within twelve weeks of the Assistant Director’s decision being notified to the claimant. The independent adjudicator will notify the claimant in writing of his decision, and once he has done so, neither he nor the Assistant Director will consider the appeal any further.
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