An important change to the Police [Injury Benefit] Regulations 2006 that was made via Statutory Instrument on 2nd March 2018.
The PIBR have been amended and this amendment rectifies the situation created via the previous amendment which made ESA deductible from an injury award in any circumstances, even if for a different illness/injury than the illness/injury subject of the injury award.
This amendment to the PIBR 2006, now treats ESA in a similar way as Incapacity Benefit was treated under the Regulations, in that an injury award is not reduced in respect of second or subsequent post retirement entitlement to employment and support allowance. It also has the effect that there is no reduction in respect of employment and support allowance in circumstances where there has been a previous reduction of an individual’s injury pension on the basis of entitlement to incapacity benefit and post retirement the individual has a subsequent new entitlement to employment and support allowance. Section 1(5) of the Police Pensions Act 1976 (c. 35) enables these Regulations to make retrospective provision and these amendments have effect from 10th February 2017.
This is good news for many of our members and those who have had their ESA deducted from their Injury Pension contrary to the above since February 2017 should now seek recompense for the amount deducted by contacting their Pension Administrator explaining the nature of their previous deduction and the new amendment to the Regulations.
The new Amendment can be found at: http://www.legislation.gov.uk/uksi/2018/262/made
Details of Pension Administrators can be found here