POLICE [INJURY BENEFIT] REGULATIONS 2006 INJURY AWARDS AND DWP BENEFITSWe are aware that The Home Office have recently requested police Pension Administrators to send a letter out to all retired officers in receipt of an injury award to request details of any DWP benefits they may be in receipt of. This information is a requirement of The Police [Injury Benefit] Regulations 2006 and is used, together with other factors when calculating the amount of the actual injury award paid monthly to the pensioner. The amount of a retired officers injury award is calculated in accordance with Schedule 3 of The Police [Injury Benefit] Regulations 2006 and paragraph 7 of said Schedule outlines that any injury award shall be reduced by the amount of any additional benefits [as indicated in sub paragraph 3] received by the pensioner. It is however important to be aware that the relevant benefits are those DWP benefits payable to pensioners for the qualifying injury on duty only. Any benefits payable for a different injury are not taken into account and are not deductable from the injury pension. It is also important to note that should a pensioner cease receiving incapacity Benefit or Severe Disablement Allowance and become 'fit for work', but later resume receiving the same benefits, the pensioner is given the 'benefit of the doubt' that they are payable for a different disability and they would then not be deducted from any injury pension. We did ask the Home Office to include this information in the letter being sent to those affected. Please see links to relevant information below: SCHEDULE 3 POLICE[INJURY BENEFIT] REGULATIONS 2006 HOME OFFICE EXPLANATORY NOTE EXTRACT FROM POLICE PENSION SCHEME ADVISORY BOOKLET If you are concerned regarding any potential 'overpayments' please see the advice below regarding the recovery of overpayments: OVERPAYMENTS PENSIONS ADVISORY SERVICE ADVICE
INJURY AWARD LATEST NEWSFollowing on from other recent successes the Police Federation have recently achieved another in a Judicial Review involving a Merseyside and West Mercia officer. The PMAB had found that the diagnosis given by the SMP was a constitutional disorder and could not therefore arise as a result of work. They disagreed with the diagnosis given by the SMP and they believed that the person had suffered an injury on duty, but as the original diagnosis was not as a result of an injury at work, the injury award was denied on the basis that they believed they could not alter the original diagnosis. The Judicial Review found that the PMAB are not bound by the original diagnosis and can make its own judgement on that fact. The Judge ruled that the issue of disability and permanence are fixed, but the diagnosis is not. The Judge also reaffirmed the content of LAWS TURNER and POLLARD and concluded that this decision did in no way undermine those cases. See the below link for transcript of the case. DOUBTFIRE AND WILLIAMS
HOME OFFICE ISSUE INTERIM GUIDANCEThe Home Office have now issued interim guidance in relation to Home Office Circular 46/2004 in which they advise all Police Authorities to defer any further reviews of injury awards until the outcome of the LAWS case has been determined by the Court of Appeal. This decision is expected sometime in August 2010. The only exception to this advice is where a case involves a deterioration of a medical condition. Whilst this is good news for many NARPO members who are awaiting an injury award review, it does not resolve the situation that some of our members find themselves in who have already been reviewed and reduced or who are awaiting an appeal hearing. It is important that members in these situations continue following the advice set out on the website. This would include seeking a reconsideration under Regulation 32[2], lodging an appeal to the Police Medical Appeal Board or making a complaint to the Pensions Ombudsman, as is appropriate to their personal circumstances. We recommend this course of action with a view to protecting time limits and to continue to highlight what we consider to be a maladministration of the Injury Benefit System in some forces. NARPO will be seeking some further concessions from the Home Office in relation to those already affected and a comprehensive rewrite of the Home Office circular, but until that is forthcoming members should continue to pursue their case on the basis of the advice already provided. Home Office Letter to All Police Authorities
In a recent South Wales Appeal the PMAB upheld the police pensioners Appeal and in their decision they seem to accepted that the over 65's do indeed have an earning capacity. See precis below kindly provided by South Wales Police Federation. PMAB decision South Wales The PMAB in a recent West Yorkshire pensioner appeal have upheld the pensioners Appeal against reduction to a Band 1 injury award. Use the link below for further details. PMAB decision Precis West Yorkshire PMAB Decision The PMAB in recent decisions involving a Norrthumbria police pensioners have concluded that an Injury Award Review should be carried out using the same process, irrespective of a persons age and that a medical assessment must be carried out together with an assessment of a persons earning capacity. For further information use the links below. PMAB Decision Northumbria Precis PMAB Decision PMAB Decision PMAB Decision
Should you become subject of an Injury Award Review a wealth of useful information is contained in the links below, if you require further advice other than that contained in the below links please contact your local branch or NARPO HQ. GOING THROUGH THE APPEAL PROCESS?If you are already going through the appeal process please refer to the useful information below to assist in your case. Information Letter Injury Award Aide Memoir Draft Submission to PMAB ALREADY REVIEWED AND REDUCED?If your injury award has already been reviewed and subsequently reduced and you believe it has been done outside the Regulations and relevant case law then use the links below to view your next course of action together with a draft letter which you can complete and send to the Police Authority requesting a further review. Course of Action Draft Letter to Police Authority Application to Pensions Ombudsman ANNUAL SURVEY OF HOURS AND EARNINGS FIGURES OVER 65's ASHE FIGURES
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