Injury Award Reviews
We are aware that some Forces are currently conducting Injury Award Reviews under Regulation 37 Police [Injury Benefit] Regulations 2006. FISHER v Northumbria case reinforces previous case law when determining the ‘uninjured’ earnings capacity, when carrying out a review under Regulation 37; and we would remind members of the TURNER case, which concluded that: The […]
Staffordshire Judgment
The Claimants are former police officers who retired from the Staffordshire police force (“the Force”) as a result of injuries which they sustained in the course of their duties. For many years they have been in receipt of injury awards pursuant to the Police (Injury Benefit) Regulations 2006 SI 2006/932 (“the 2006 Regulations”), having each […]
Letters from Pension Administrators regarding ESA and Relevant Benefits
We are aware that Pension Administrators have sent letters to Members regarding Employment Support Allowance (ESA) and Relevant Deductible Benefits. It asks the person to complete a questionnaire and requests to consent for the DWP to disclose information to the Pension Administrator. If, as a result of an injury on duty, you are permanently disabled […]
Deductibility of Incapacity Benefit and Industrial Injury Disablement Benefit
NARPO Branch Circular 20/19 relates to the above subject concerning the recent decision of the Court of Appeal in Evans & Ashcroft v Chief Constable of South Wales Police that will affect injury retired officers who may have had their injury pensions over-deducted since 2010. Constabularies have an obligation to take steps to refund the […]
Find your Pension Administrator
Use this link to find your Pension Administrator: Index of pension administrator contacts Please note this link is a GOV.UK website You may find some of the Pension Administrators have changed. Update 16th October 2020 XPS have changed their telephone number to 01642 030692 E-mail Address: penmail@xpsgroup.com Website: https://www.myownpension.co.uk
Employment Support Allowance and Injury Awards Latest
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 […]
Injury Reviews and Data Protection
ICO states that a Force cannot require excessive amounts of personal data from former officers as part of their Injury on Duty Award (IODA) review process. The requirement for all historical data held about former officers as part of IODA reviews appears to be excessive and in breach of the DPA. ICO and Northumbria Police […]
Employment Support Allowance – deductions before February 2017
Prior to 10th February 2017 ESA was not deductible from an injury pension. Use the links for advice if ESA was deducted prior to this date: Home Office letter reply to NARPO 2014 Home Office scanned copy of letter reply to NARPO Apr 2014 ESA – enquiry letter template resource
High Court orders the withdrawal of Home Office Police Pensions guidance
The High Court has quashed guidance issued by the Home Office which has been used to reduce the injury pensions of thousands of injured former police officers. All of these cuts to the pensions of former injured officers will now have to be further reviewed. The court ordered the Home Office to publicise the withdrawal […]
Recent Injury Award case gives further guidance on the assessment of Police Injury Awards where an underlying degenerative condition has been affected by an injury on duty
The Court in this case concluded that an approach based on acceleration or aggravation is not appropriate. If at the time when the question is referred to the Selected Medical Practitioner, there is a disablement which is permanent, and if the duty injury caused or substantially contributed to that disablement at that time, then the […]