United Kingdom Statutory Instruments

(a) the expressions contained in the glossary set out in Schedule 1 shall be construed as provided in that Schedule;

(b) any reference to a member of a police force, however expressed, includes a reference to a person who has been such a member;

(c) any reference to an award, however expressed, is a reference to an award under these Regulations.

(a) receives or received an injury without his own default in the execution of his duty,

(b) ceases or has ceased to be a member of a police force, and

(c) within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result of that injury.

    (2) Subject to the provisions of regulations 22 and 23 (abatement), the police authority for the force in which a person to whom this regulation applies last served shall pay to him a gratuity of an amount equal to whichever is the lesser of the following amounts, namely—

(a) five times the annual value of his pensionable pay on his last day of service as a member of a police force;

(b) the sum of four times his total remuneration during the 12 months ending with his last day of service as a member of a police force and the amount of his aggregate pension contributions in respect of the relevant period of service.

Provided that a police authority shall not exercise their discretion under this paragraph unless—

(a) the adult survivor consents, and

(b) they are satisfied that there are sufficient reasons for so doing.

(a) whether the person concerned is disabled;

(b) whether the disablement is likely to be permanent,

except that, in a case where the said questions have been referred for decision to a duly qualified medical practitioner under regulation H1(2) of the 1987 Regulations, a final decision of a medical authority on the said questions under Part H of the 1987 Regulations shall be binding for the purposes of these Regulations;

and, if they are further considering whether to grant an injury pension, shall so refer the following questions—

(c) whether the disablement is the result of an injury received in the execution of duty, and

(d) the degree of the person's disablement;

and, if they are considering whether to revise an injury pension, shall so refer question (d) above.

    (3) Where the police authority are considering eligibility for an award under regulation 12, paragraph (2) shall have effect as if the questions to be referred by them to a duly qualified medical practitioner were the following—

(a) whether the person concerned is totally disabled;

(b) whether that total disablement is likely to be permanent;

(c) whether the disablement is the result of an injury received in the execution of duty; and

(d) the date on which the person became totally disabled.

(a) this regulation shall not apply where the person concerned has been a regular policeman and is in receipt of an ill-health pension under regulation B3 of the 1987 Regulations and would, if he had continued to serve instead of retiring with that pension, have been entitled to reckon for the purposes of those Regulations 25 years' pensionable service (and, for the purposes of this proviso, in the case of a regular police officer who has spent one or more periods in part-time service, in determining the number of years of pensionable service he would have been entitled to reckon a period of service by virtue of which his pensionable service is reckonable is reckonable as if it were a period of full-time service); and

(b) where the injury pension of a regular policeman by whom pension contributions were payable under regulation G2 of the 1987 Regulations has been reduced under this regulation, then if when he attains the age of 60 years the reduced pension is less than the amount of the deferred pension which would have been payable had he been granted such a pension under regulation B5 of the 1987 Regulations on the date of his ceasing to serve it shall be increased to that amount.

(a) regulation 16 (termination of adult survivor's award on remarriage or other event);

(b) regulation 19 (limitations on child's special allowance);

(c) regulation 20(3) (adult dependent relative's special pension), and

(d) Part 5 (revision and withdrawal or forfeiture of awards),

a pension or allowance shall be payable for life and shall be discharged by payments in advance at such reasonable intervals as the police authority may, in their discretion, determine except that payment on account of a pension or allowance may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect thereof, including any question as to the continuance of that liability.

    (4) Where a person dies after receiving a sum paid in advance on account of a pension or allowance, neither that sum nor any part of it shall be recoverable although referable to a period after his death.

    (5) Where an adult survivor remarries or enters into a civil partnership after receiving a sum paid in advance on account of a pension, neither that sum nor any part of it shall be recoverable although referable to a period after his remarriage or civil partnership.

    (6) Subject to the provisions of these Regulations, a gratuity under these Regulations shall become payable as soon as the entitlement to it arises and shall be paid forthwith in one sum except that—

(a) payment on account thereof may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect thereof, and

(b) where the police authority are satisfied that it would be for the advantage of the beneficiary to pay a gratuity in instalments, they may pay it in instalments of such reasonable amounts and over such reasonable period as they think fit.

"the 1987 Regulations" means the Police Pensions Regulations 1987;

"adult survivor" has the meaning assigned to it by regulation 13(1);

"aggregate pension contributions", for the purpose of calculating an award, has the meaning assigned to it by regulation 4(4);

"average pensionable pay" has the meaning assigned to it by regulation 4(2);

"board of medical referees" has the meaning assigned to it by paragraph 3 of Schedule 6;

"child" means (without regard to age) legitimate or illegitimate child, step-child or adopted child and any other child who is substantially dependent on the member of a police force concerned and either is related to him or is the child of his spouse or civil partner; and "parent" shall be construed accordingly;

"disablement" and cognate expressions have the meanings assigned to them by regulation 7;

(a) for the words ", ill-health or as the case may be, injury" there are substituted the words "or as the case may be, ill-health"; and

(b) paragraph (c) is omitted.

     3. In regulation B5(2)(b) (policeman's deferred pension) there are inserted at the end the words “or to an award under regulation 11 of the Injury Benefit Regulations “.

     4. In regulation B6(1)(b) (award by way of repayment of aggregate pension contributions) after the words "this Part" there are inserted the words "or to an award under regulation 11 of the Injury Benefit Regulations".

     5. In regulation B7(8)(b) (commutation - general provision) after the words "injury pension" there are inserted the words "under regulation 11 of the Injury Benefit Regulations".

     6. In regulation B8—

(a) in paragraph (1) after the words "together with" there are inserted the words "any injury pension to which he is entitled under regulation 11 of the Injury Benefit Regulations,"; and

(b) in paragraph (3) after the words "one pension" there are inserted the words "(including an injury pension under regulation 11 of the Injury Benefit Regulations)".

     7. In regulation C1(1)(b) (widow's ordinary pension) for the words "and an injury pension" there are substituted the words "pension under regulation B3 and an injury pension under regulation 11 of the Injury Benefit Regulations".

     8. In regulation C5 (limitation on award to widow)—

(a) paragraph (2) is omitted, and

(b) in paragraph (3) the words "or (2)(a)," and ", C2" are omitted.

     9. In regulation C6 (widow's requisite benefit and temporary pension)—

(a) in paragraph (1) for the words ",C2(1) or C4(1)" there are substituted the words " or C4(1) or not entitled to an adult survivor's special award under regulation 13 of the Injury Benefit Regulations";

(b) in paragraph (2) after the words "an injury pension" there are inserted the words "under regulation 11 of the Injury Benefit Regulations"; and

(c) in paragraph (4)(b) for the words following the words "such a pension" there are substituted the words "under regulation 11 of the Injury Benefit Regulations but for his entitlement to additional benefit within the meaning of paragraph 7(3) of Schedule 3 to those Regulations and, where he is, or is so treated as being, in receipt of such a pension, the provisions of paragraph 7(3) shall be disregarded in determining the weekly amount of that pension.".

     10. In regulation C7(1) (widow's award where no other award payable)—

(a) the words ",C 2" are omitted; and

(b) after the word "applies" there are inserted the words "and who has no entitlement to an adult survivor's special award under regulation 13 of the Injury Benefit Regulations".

     11. In regulation D1(b) (child's ordinary allowance) for the words "and an injury pension" there are substituted the words "pension under regulation B3 and an injury pension under regulation 11 of the Injury Benefit Regulations".

     12. In regulation D5 (child's allowance - limitations)—

(a) in paragraph (1) the words "or gratuity" and “and "a special gratuity"“ are omitted;

(b) in paragraph (2) sub-paragraph (b) is omitted;

(c) paragraph (7) is omitted;

(d) in paragraph (8) for the words ",(5) and 7)" there are substituted the words "and (5)"; and

(e) in paragraph (9) the words "or special gratuity" are omitted.

     13. In regulation E3 (gratuity - estate)—

(a) in paragraph (2)(a) after the words "injury pension" there are inserted the words "under regulation 11 of the Injury Benefit Regulations";

(b) in paragraph (2)(c) after the word "including" there are inserted the words "any such pension or allowance granted under the Injury Benefit Regulations and"; and

(c) in paragraph (2)(d) there are inserted at the end the words "(including any such gratuity granted under the Injury Benefit Regulations)".

     14. In regulation E4(6) (gratuity in lieu of widow's pension) the words "or special" in both places where they appear are omitted.

     15. In regulation E7 (prevention of duplication)—

(a) in paragraph (1)(a) after the words "Part C" there are inserted the words "of these Regulations or under regulation 13 of the Injury Benefit Regulations", and

(b) in paragraph (1)(b) for the words "or an adult dependent relative's pension under regulation E1" there are substituted the words "or a child's special allowance under regulation 17 of the Injury Benefit Regulations or an adult dependent relative's special pension under regulation 20 of the said Regulations".

     16. In regulation E8 (increase of widow's pension or child's allowance during first 13 weeks)—

(a) in paragraph (1) the word ", special" in both places where it appears are omitted;

(b) in paragraph (2)(i) for the words from "paragraph 4" to "policeman's" there are substituted "paragraph 7(3) of Schedule 3 to the Injury Benefit Regulations (police officer's"; and

(c) in paragraph (2)(ii) after the words "injury pension" there are inserted the words "under regulation 11 of the Injury Benefit Regulations".

     17. In regulation G1(5)(a) (pensionable and average pensionable pay) the words from "regulation B4" to "augmented award)" and the words from "D2" to "special pension)" are omitted.

     18. In regulation H1(2) (reference of medical questions), the words from "and, if they are further considering" onwards are omitted.

     19. In regulation J1(guaranteed minimum pension)—

(a) in paragraph (2)(b) after the words "Part B" there are inserted the words "or an injury pension under regulation 11 of the Injury Benefit Regulations";

(b) in paragraph (2)(c)(ii) after the words "Part B" there are inserted the words "or an injury pension under regulation 11 of the Injury Benefit Regulations" and after the words "regulation K4" there are inserted the words " or, as the case may be, regulation 39 of the Injury Benefit Regulations";

(c) in paragraph (3) after the words "Part B" in the first place where they appear there are inserted the words "or an injury pension under regulation 11 of the Injury Benefit Regulations";

(d) in paragraph (3)(a) the words "other than an injury pension" are omitted and for the words "some other" there are substituted the words "under regulation 11 of the Injury Benefit Regulations and a";

(e) in paragraph (3)(b) the words ", in the case of a pension other than an injury pension," are omitted;

(f) in paragraph (4)(a) after the words "Part C" there are inserted the words "or a widow's special pension under regulation 13 of the Injury Benefit Regulations";

(g) in paragraph 4A(a) the words from "regulation E1(3)" to "regulation E1(1)(c) or" are omitted and after the words "Part C" there are inserted the words "or under regulation 20 of the Injury Benefit Regulations (adult dependent relative's special pension) by virtue of paragraph (1)(c) of the said regulation";

(h) in paragraph (5) after the words "Part C" in the first place where they appear there are inserted the words "or a special pension under regulation 13 of the Injury Benefit Regulations" and after the words "Part C" in the second place where they appear there are inserted the words "or such a special pension as aforesaid";

(i) in paragraph (5A) for the words "E1(3) by virtue of regulation E1(1)(c)" there are substituted the words "20 of the Injury Benefit Regulations by virtue of paragraph (1)(c) of that regulation"; and

(j) in paragraph (6)(c) the words "or under regulation E1" are omitted.

     20. In regulation K1(cancellation of pensions)—

(a) at the heading the words "and injury" are omitted; and

(b) in paragraph (4) the letter "(a)" which precedes sub-paragraph (a), the word "and" which follows that sub-paragraph and sub-paragraph (b) are omitted.

     21. In regulation K3 (reduction of pension in case of default) the words "or injury" are omitted.

     22. In regulation K4(1)(withdrawal of pension during service as a regular policeman) the words "or under regulation E1 (adult dependent relative's special pension)" are omitted.

     23. In regulation K5(1) (forfeiture of pension) the words "or under regulation E1 (adult dependent relative's special pension)" are omitted.

     24. In regulation L3 (payment and duration of awards)—

(a) paragraph (1)(b) is omitted;

(b) in paragraph 2(ii) the words "other than an injury gratuity under regulation B4" are omitted;

(c) paragraph (3)(d) is omitted.

     25. In Schedule A (glossary of expressions) there is inserted at the appropriate place the following definition—

"the Injury Benefit Regulations" means the Police (Injury Benefit) Regulations 2006“.

     26. In paragraph 1(2)(b) of Part I of Schedule C (widow's ordinary pension) for the words "ill-health and an injury pension" there are inserted the words "an ill-health pension under Part B and an injury pension under regulation 11 of the Injury Benefit Regulations".

     27. In paragraph 1 of Part IV of Schedule C (widow's pension in case of post-retirement marriage)—

(a) for the words "or special award under regulation C1 or C2" there are substituted the words "under regulation C1", and

(b) sub-paragraph (c) and the word "and" immediately preceding it are omitted.

     28. In paragraph 1 of Part I of Schedule D (child's ordinary allowance)—

(a) in sub-paragraph (4) for the words ",ill-health or injury pension" there are substituted the words "or ill-health pension or an injury pension under regulation 11 of the Injury Benefit Regulations"; and

(b) in sub-paragraph (5) after the words "ill-health pension" there are inserted the words "under Part B" and after the words "injury pension" there are inserted the words "under regulation 11 of the Injury Benefit Regulations".

     29. In paragraph (3)(1)(b) of Part I of Schedule D for the words "ill-health and an injury pension" there are inserted the words "an ill-health pension under Part B and an injury pension under regulation 11 of the Injury Benefit Regulations".

     30. In paragraph 4(4) of Part VI of Schedule J, paragraphs (a), (b), (f), (i) and (j) are omitted.

     31. In paragraph 8(1C)(j) of Part VI of Schedule J, the words "and injury" are omitted.

(a) in the case of a police officer all of whose service by virtue of which his pensionable service is reckonable was full-time, the amount specified as appropriate to his degree of disablement in column (2) of the Table in paragraph 3, and

(b) in the case of a police officer any of whose service by virtue of which his pensionable service is reckonable was part-time, the amount given by the formula—



GxR

Q

where—

G is the amount that the gratuity would be if all the service were full-time service,

R is the period in years of his pensionable service, and

Q is the period that would be the period in years of his pensionable service if periods of part-time service were reckonable as if they were periods of full-time service.

     2. If in a case where any of the police officer's service by virtue of which his pensionable service is reckonable was part-time service, the amount of the gratuity calculated in accordance with paragraph 1 would be less than it would have been if the person had become entitled to receive the gratuity at an earlier date, then that amount shall be substituted for it.

     3. An injury pension shall be calculated by reference to the person's degree of disablement, his average pensionable pay and the period in years of his pensionable service, and, subject to the following paragraphs, shall be—

(a) in the case of a police officer all of whose service by virtue of which his pensionable service is reckonable was full-time, of the amount of his minimum income guarantee specified as appropriate to his degree of disablement in column (3), (4), (5) or (6) of the following Table, and

(b) in the case of a police officer any of whose service by virtue of which his pensionable service is reckonable was part-time, of the amount given by the formula—



MxR

Q

where—

M is the amount that his minimum income guarantee would be if all the service were full-time service and R and Q are the same as in paragraph 1;

Degree of disablement	Gratuity expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay
		Less than 5 years' service	5 or more but less than 15 years' service	15 or more but less than 25 years' service.	25 or more years' service.
(1)	(2)	(3)	(4)	(5)	(6)
25% or less (slight disablement)	12.5%	15%	30%	45%	60%
More than 25% but not more than 50% (minor disablement)	25%	40%	50%	60%	70%
More than 50% but not more than 75% (major disablement)	37.5%	65%	70%	75%	80%
More than 75% (very severe disablement)	50%	85%	85%	85%	85%

     4. If in a case where any of the police officer's service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with paragraph 3 would be less than it would have been if the person had become entitled to receive the pension at an earlier date, then that amount shall be substituted for it.

     5. In paragraphs 2, 3 and 4, references to a person's pensionable service shall in the case of a regular police officer who has made an election under regulation G4(1) of the 1987 Regulations be construed as references to the service which would have been reckonable by him if he had not made such an election.

     6. —(1) The amount of an injury pension, calculated as aforesaid, shall be reduced, where the person concerned received the relevant injury (within the meaning of regulation 11) during a period of service as a regular police officer, by three-quarters of any other pension calculated by reference to Schedule B to the 1987 Regulations.

    (2) For the purposes of sub-paragraph (1), such other pension as is there mentioned which is reduced—

(a) in accordance with the provisions of regulation B7 or B9 (commutation and allocation) of the 1987 Regulations;

(b) in accordance with the provisions of Part VIII of Schedule B (reduction related to up-rating of widow's pension) to the 1987 Regulations; or

(c) by virtue of a pension debit,

shall be deemed not to have been so reduced.

    (3) In the case of a regular police officer who has made an election under regulation G4(1) of the 1987 Regulations, sub-paragraph (1) shall have effect as if for the reference to three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service there were substituted a reference to the amount of any other pension which would have been so calculated had he not made such an election.

     7. —(1) The amount of the injury pension in respect of any week, calculated as aforesaid, shall be reduced on account of any such additional benefit as is mentioned in sub-paragraph (3) to which the person concerned is entitled in respect of the same week and, subject to sub-paragraph (2), the said reduction shall be of an amount equal to that of the additional benefit or, in the case of benefit mentioned in sub-paragraph (3)(a) or (b), of so much thereof as is there mentioned.

    (2) Where the provisions governing scales of additional benefits have changed after the person concerned ceased to be a member of a police force, the amount of the reduction in respect of any week on account of a particular benefit shall not exceed the amount which would have been the amount thereof in respect of that week had those provisions not changed, it being assumed, in the case of such benefit as is mentioned in sub-paragraph (3)(a)(ii), that it would have borne the same relationship to the former maximum amount thereof.

    (3) The following benefits are the additional benefits referred to in this paragraph—

"relevant child" means, subject to sub-paragraph (2), a child entitled to a special allowance who is—

(a) in full-time training for a trade, profession or calling, and

(b) in receipt of remuneration in respect of that training at an annual rate in excess of the specified rate;

(a) a widow's special pension or, where the deceased was a married woman or a woman in a civil partnership, a dependent relative's special pension granted to her widower or surviving civil partner, and

(b) a dependent relative's special pension other than, where the deceased was a married woman or a woman in a civil partnership, one granted as aforesaid,

the dependent relative's special pension mentioned in sub-paragraph (b) shall not be of the amount mentioned in paragraph 1 but, subject to paragraphs 3 and 4, of an amount equal to 20% of the deceased's average pensionable pay for a week.

     3. The amount of a dependent relative's special pension determined in accordance with paragraph 1 or 2 shall be increased in accordance with regulation 29 (increase by reference to the Pensions (Increase) Acts).

     4. —(1) Where in respect of any week the aggregate amount of—

(a) any widow's special pension, and

(b) any child's special allowance,

payable in respect of the deceased's death equals or exceeds the amount of the deceased's average pensionable pay for a week, no dependent relative's special pension shall be payable in respect of that week.

    (2) Where in respect of any week the aggregate amount of—

(a) any widow's special pension,

(b) any child's special allowance, and

(c) any dependent relative's special pension,

payable in respect of the deceased's death would exceed the amount of the deceased's average pensionable pay for a week, the dependent relative's pension shall be reduced by such factor as will ensure that that aggregate does not exceed that amount.

    (3) For the purposes of this paragraph any increase in a pension or allowance in accordance with regulation 29 (increase by reference to the Pensions (Increase) Acts) shall be ignored.

(a) at least one member of the board of medical referees shall be a specialist in a medical condition relevant to the appeal;

(b) one member of the board of medical referees will be appointed chairman; and

(c) where there is an equality of voting among members of the board of medical referees, the chairman shall have a second or casting vote.

    (2) The board of medical referees shall appoint a time and place for hearing the appeal, at which it may interview or examine the appellant, and for any such further hearings as it may consider necessary and shall give not less than two months notice, or such shorter period as the police authority and appellant may agree, thereof to the appellant and police authority.

    (3) The police authority and the appellant shall, not less than 35 days (including weekends and public holidays) before the date appointed for the hearing, inform the board of medical referees whether they intend to be represented at the hearing.

     4. —(1) Where either party to the appeal intends to submit written evidence or a written statement at a hearing arranged under paragraph 3 that party shall, subject to sub-paragraph (2), submit it to the board of medical referees and the other party not less than 35 days before the date appointed for the hearing.

    (2) Where any written evidence or statement has been submitted under sub-paragraph (1), any written evidence or statement in response may be submitted by the other party to the board of medical referees and the party submitting the first-mentioned evidence or statement at any time not less than seven days before the date appointed for the hearing.

    (3) The board of medical referees may postpone or adjourn the date appointed for the hearing where any written evidence or statement is submitted in contravention of sub-paragraph (1) or (2) or it appears necessary to do so for the proper determination of the appeal.

    (4) References in sub-paragraphs (1) and (2) to periods of days shall include weekends and public holidays.

     5. —(1) Any hearing (including any examination) may be attended by—

(a) the selected medical practitioner; and

(b) a duly qualified medical practitioner appointed for the purpose by the appellant,

although they may only observe any examination.

    (2) If the selected medical practitioner does not attend any examination then a duly qualified medical practitioner appointed for that purpose by the police authority may attend the examination as an observer.

    (3) If any hearing includes an examination then only medical practitioners may be present for that part of the hearing.

     6. The board of medical referees shall supply the police authority, the appellant and the Secretary of State with a written statement of its decision. Where the board of medical referees disagrees with any part of the selected medical practitioner's report, the board of medical referees shall supply a revised report.

     7. —(1) There shall be paid to the board of medical referees—

(a) such fees as are determined in accordance with arrangements made by the Secretary of State; or

(b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine.

    (2) Any fees and allowances payable to the board of medical referees under sub-paragraph (1) shall, subject to paragraph 8(5), be paid by the police authority and shall be treated as part of the expenses of the police authority for the purposes of this Schedule.

     8. —(1) Save as provided in this paragraph, the expenses of each party to the appeal shall be borne by that party.

    (2) Where a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the police authority less than 11 days before the hearing (excluding weekends and public holidays) the board of medical referees shall require the police authority to pay to the appellant any expenses actually and reasonably incurred by him in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing as the case may be.

    (3) Where the board of medical referees determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant, less than 11 days before the hearing (excluding weekends and public holidays) the police authority may, subject to sub-paragraph (4), require the appellant to pay towards the cost of the cancellation, adjournment or postponement as the case may be, such sum not exceeding the total costs of the cancellation, adjournment or postponement as the case may be as the authority thinks fit.

    (4) If the board of medical referees, after taking account of any representations from either party, decides that the cancellation, adjournment or postponement as the case may be was not due to any fault on the part of the appellant and the appellant should not pay towards the cost of the cancellation, adjournment or postponement as the case may be, it shall state that this is the case and the police authority shall not require the payment of any such costs.

    (5) Where the board of medical referees decides in favour of the police authority and reports that in its opinion the appeal was frivolous or vexatious, the authority may, subject to sub-paragraph (6), require the appellant to pay towards the cost of the appeal such sum not exceeding the board of medical referees' total fees and allowances as the authority thinks fit.

    (6) If the board of medical referees, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal, it shall state that this is the case and the police authority shall not require the payment of any such costs.

    (7) Where the board of medical referees decides in favour of the appellant, the police authority shall refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any such hearing as is mentioned in paragraph 3.