The Police (Injury Benefit) Regulations 2006

Death gratuity

This section has no associated Explanatory Memorandum

21.—(1) Subject to paragraph (2), this regulation applies to a member of a police force who receives or received an injury without his own default in the execution of his duty and within 12 months of receiving that injury dies or has died as a result of it.

(2) In the case of a person who had ceased to serve as a member of a police force before his death, this regulation shall apply to him only if his death also occurred before any decision by a medical authority under regulation H1, H2 or H3 of the 1987 Regulations that he was totally and permanently disabled as a result of that injury; and where this regulation so applies it shall apply to the exclusion of regulation 12.

(3) Subject to the provisions of regulations 22 and 23, where a member to whom this regulation applies—

(a)leaves an adult survivor (unless, by reason of regulation 15 or 16, he would not qualify for a special award under regulation 13);

(b)does not leave any such adult survivor, but leaves a child (unless, by reason of regulation 19(1), (4), (5) or (6) that child would not qualify for a special allowance under regulation 17); or

(c)does not leave any such adult survivor or child, but leaves a dependent relative to whom a special pension may be paid under regulation 20,

the police authority shall pay to his adult survivor or, as the case may be, to the child or dependent relative a gratuity of an amount equal to whichever is the lesser of the following amounts, namely—

(i)five times the annual value of his pensionable pay on his death or, if earlier, on his last day of service as a member of a police force;

(ii)the sum of four times his total remuneration during the 12 months ending with his death or, if earlier, 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.

(4) Where a member of a police force to whom this regulation applies leaves two or more children or two or more dependent relatives, then the amount of the gratuity so payable shall be divided by the police authority among the children or dependent relatives (as the case may be) in their discretion.