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
Public Sector Pensions Overpayment
Recent questions in the House of Commons and attendant publicity has highlighted an issue of overpayment of pensions to retired public sector employees including those in the police scheme. This is a complicated issue. In essence, the problem has to do with the Guaranteed Minimum Pension, its calculation, index linking and impact on the individual’s […]
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 […]
Injury Awards and DWP Benefits
We are aware that the Home Office has 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, […]
Latest Case Clarifies The Use Of Regulation 32(2)
A recent decision in the case of HAWORTH has confirmed that there is no ‘time limit’ in relation to a request for a reconsideration of an injury award decision and that Police Authorities should give due cognisance of the merits of the request before deciding not to agree such a request on merely time delay […]
Court of Appeal decision RPI/CPI challange
The Court of Appeal has handed down its decision on the Governments switch to the CPI as the index used to uprate pensions. The appeal was dismissed. Use the links for documents and information: Court of appeal decision Pension Contribution Schedule table Home Office Publications
Judgement in Simpson Case Handed Down
His Honour Mr Justice Supperstone has ruled that there is no statutory basis in the Police [Injury Benefit] Regulations to support a different approach to a Regulation 37 review at different ages. Use the link to view the full judgement. Court decision confirms guidance contained in Home Office circular 46/2004 is not in accordance with […]
Pension Ombudsman Decision
A recent Ombudsman decision in the case of Sharp has further reinforced the fact that those aged 65 years or over cannot be ‘automatically’ reduced to the lowest Band on the assumption that they no longer have an earning capacity, as suggested in HOC 46/2004. The Ombudsman also determined that Mr Sharp’s request for a […]
Injury Award 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 you can request a further review. Use the links for our recommendations on the next course of action to take next including a draft letter which you can complete and […]