The Police (Injury Benefit) Regulations 2006

PART 1GENERAL PROVISIONS

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police (Injury Benefit) Regulations 2006 and come into force on 20th April 2006 but have effect from 6th April 2006(1).

(2) These Regulations extend to England and Wales.

Meaning of certain expressions and references - general provisions

2.  In these Regulations, unless the context otherwise requires—

(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.

Meaning of certain expressions in relation to persons who are not members of a home police force

3.—(1) Except where the context otherwise requires, for the purposes of these Regulations an inspector of constabulary or a police officer engaged on relevant service shall be deemed to be a member of a home police force.

(2) In relation to an inspector of constabulary or a police officer engaged on relevant service, any reference in these Regulations to the police authority shall be construed as a reference to the Secretary of State.

Pensionable and average pensionable pay and aggregate pension contributions

4.—(1) For the purposes of calculating an award to or in respect of a member of a police force his pensionable pay shall be calculated in the same way as if the award were one payable under the 1987 Regulations(2), in accordance with regulation G1(1) and (1A) of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation G1(2) to (9) of those Regulations, and as if—

(a)the relevant date for the purposes of the said regulation were the date of his last day of service as a regular policeman in the force of the police authority by whom the award is payable, and

(b)the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1987 Regulations included the following provisions of these Regulations, that is to say regulations 13(2) and (3) (amount of adult survivor’s special award), 14(2)(a) (amount of adult survivor’s augmented award) and 17(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2), references in such provisions of the 1987 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a regular policeman who has made an election under regulation G4(1) of those Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

(4) For the purposes of calculating an award to or in respect of a regular police officer his aggregate pension contributions shall be calculated in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation A10 of those Regulations.

Weekly rate of pensions and allowances

5.—(1) Where the rate at which a pension or allowance is payable or the amount thereof is expressed as an annual rate or amount then, for the purposes of these Regulations, the weekly rate or amount of that pension or allowance shall be determined as if there were 52 1/6 weeks in each year.

(2) Where for the purpose of calculating an award to an adult survivor, child or adult dependent relative it is necessary to determine average pensionable pay for a week, it shall be taken to be average pensionable pay divided by 52 1/6.

Injury received in the execution of duty

6.—(1) A reference in these Regulations to an injury received in the execution of duty by a member of a police force means an injury received in the execution of that person’s duty as a constable and, where the person concerned is an auxiliary policeman, during a period of active service as such.

(2) For the purposes of these Regulations an injury shall be treated as received by a person in the execution of his duty as a constable if—

(a)the member concerned received the injury while on duty or while on a journey necessary to enable him to report for duty or return home after duty, or

(b)he would not have received the injury had he not been known to be a constable, or

(c)the police authority are of the opinion that the preceding condition may be satisfied and that the injury should be treated as one received in the execution of duty.

(3) In the case of a person who is not a constable but is within the definition of “member of a police force” in the glossary set out in Schedule 1 by reason of his being an officer there mentioned, paragraphs (1) and (2) shall have effect as if the references to a constable were references to such an officer.

(4) For the purposes of these Regulations an injury shall be treated as received without the default of the member concerned unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

(5) Notwithstanding anything in the 1987 Regulations relating to a period of service in the armed forces, an injury received in the execution of duty as a member of the armed forces shall not be deemed to be an injury received in the execution of duty as a member of a police force.

(6) In the case of a regular policeman who has served as a police cadet in relation to whom the Police Cadets (Pensions) Regulations had taken effect, a qualifying injury within the meaning of those Regulations shall be treated for the purposes of these Regulations as if it had been received by him as mentioned in paragraph (1); and, where such a qualifying injury is so treated, any reference to duties in regulation 14(1) (adult survivor’s augmented award) shall be construed as including a reference to duties as a police cadet; and in this paragraph the reference to the Police Cadets (Pensions) Regulations is a reference to the Regulations from time to time in force made, or having effect as if made, under section 52 of the Police Act 1996.

Disablement

7.—(1) Subject to paragraph (2), a reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.

(2) In the case of a person who is totally disabled, paragraph (1) shall have effect, for the purposes of regulations 12 and 21 of these Regulations, as if the reference to “that disablement being at that time likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.

(3) For the purposes of deciding if a person’s disablement is likely to be permanent, that person shall be assumed to receive normal appropriate medical treatment for his disablement, and in this paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the police authority for that person to refuse.

(4) Subject to paragraph (5), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the force except that, in relation to the child or to the widower or surviving civil partner of a woman member of a police force, it means inability, occasioned as aforesaid, to earn a living.

(5) Where it is necessary to determine the degree of a person’s disablement it shall be determined by reference to the degree to which his earning capacity has been affected as a result of an injury received without his own default in the execution of his duty as a member of a police force:

Provided that a person shall be deemed to be totally disabled if, as a result of such an injury, he is receiving treatment as an in-patient at a hospital.

(6) Notwithstanding paragraph (5), “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.

(7) Where a person has retired before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made known to the police authority.

(8) In this regulation, “infirmity” means a disease, injury or medical condition, and includes a mental disorder, injury or condition.

Disablement, death or treatment in hospital the result of an injury

8.  For the purposes of these Regulations disablement or death or treatment at a hospital shall be deemed to be the result of an injury if the injury has caused or substantially contributed to the disablement or death or the condition for which treatment is being received.

Transitional provisions

9.—(1) These Regulations shall have effect as if anything done, or treated as done, under or for the purposes of the Police (Injury Benefit) Regulations 1987(3) or those provisions of the 1987 Regulations as are specified in paragraph (3) had been done under or for the purposes of the corresponding provision of these Regulations.

(2) Without prejudice to the generality of paragraph (1) references in that paragraph to anything done shall include—

(a)the determination of a question;

(b)the exercise of a discretion;

(c)the decision that a provision should apply;

(d)the making of a payment; and

(e)the giving of a notice.

(3) The provisions of the 1987 Regulations referred to in paragraph (1) are—

(a)regulation B4 (policeman’s injury award);

(b)regulation C2 (widow’s special award);

(c)regulation C3 (widow’s augmented award);

(d)regulation D2 (child’s special allowance);

(e)regulation D3 (child’s special gratuity);

(f)regulation E1 (adult dependent relative’s special pension);

(g)Part H (appeals and medical questions);

(h)regulation K2 (reassessment of injury pension);

(i)regulation K3 (reduction of pension in case of default);

(j)regulation K4 (withdrawal of pension during service as a regular policeman; and

(k)regulation K5 (forfeiture of pension).

Revocations and amendments

10.—(1) The 1987 Regulations shall be amended in accordance with Part 1 of Schedule 2.

(2) The Police Pensions (Supplementary Provisions) Regulations 1987(4) shall be amended in accordance with Part 2 of Schedule 2.

(3) The Regulations specified in Part 3 of Schedule 2 are hereby revoked to the extent there mentioned.