The Police Pensions Regulations 1987

Regulation B4

Part V Policeman’s Injury Award

1.  A gratuity under Regulation B4 shall be calculated by reference to the person’s degree of disablement and his average pensionable pay and shall be the amount specified as appropriate to his degree of disablement in column (2) of the following Table.

2.  An injury pension shall be calculated by reference to the person’s degree of disablement, his average pensionable pay and the period in years of his pensionable service, and, subject to the following paragraphs, shall be of the amount of his minimum income guarantee specified as appropriate to his degree of disablement in column (3), (4), (5) or (6) of the following Table, whichever is applicable to his period of pensionable service.

Table

Degree of disablement	Gratuity expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay
		Less than 5 years' service	5 or more but less than 15 years' service	15 or more but less than 25 years' service	25 or more years' service
(1)	(2)	(3)	(4)	(5)	(6)
25% or less (slight disablement)	12.5%	15%	30%	45%	60%
More than 25% but not more than 50% (minor disablement)	25%	40%	50%	60%	70%
More than 50% but not more than 75% (major disablement)	37.5%	65%	70%	75%	80%
More than 75% (very severe disablement)	50%	85%	85%	85%	85%

3.—(1) The amount of an injury pension, calculated as aforesaid, shall be reduced, where the person concerned received the relevant injury (within the meaning of Regulation B4) during a period of service as a regular policeman, by three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service.

(2) For the purposes of sub-paragraph (1), such other pension as is there mentioned which is reduced in accordance with the provisions of Regulation B7 or B9 (commutation and allocation) or of Part VIII of this Schedule (reduction related to up-rating of widow’s pension) shall be deemed not to have been so reduced.

4.—(1) The amount of the injury pension in respect of any week, calculated as aforesaid, shall be reduced on account of any such additional benefit as is mentioned in sub-paragraph (3) to which the person concerned is entitled in respect of the same week and, subject to sub-paragraph (2), the said reduction shall be of an amount equal to that of the additional benefit or, in the case of benefit mentioned in sub-paragraph (3)(a) or (b), of so much thereof as is there mentioned.

(2) Where the provisions governing scales of additional benefits have changed after the person concerned ceased to be a member of a police force, the amount of the reduction in respect of any week on account of a particular benefit shall not exceed the amount which would have been the amount thereof in respect of that week had those provisions not changed, it being assumed, in the case of such benefit as is mentioned in sub-paragraph (3)(a)(ii), that it would have borne the same relationship to the former maximum amount thereof.

(3) The following benefits are the additional benefits referred to in this paragraph—

(a) any disablement pension under section 57 of the Social Security Act 1975(1) in respect of the relevant injury or so much of any such pension as relates to that injury (hereinafter referred to as the relevant part of the pension), together with—

(i) any increase in such pension by way of unemployability supplement under section 58 of that Act or so much of any such increase as is proportionate to the relevant part of the said pension so, however, that where the person concerned is entitled to an unemployability supplement which is increased under section 59 of that Act, the unemployability supplement shall be deemed not to have been so increased,

(ii) any increase in such pension under section 60 of that Act (special hardship) or so much of any such increase as is proportionate to the relevant part of the said pension,

(iii) any increase in such pension under section 64 or 66 of that Act (dependants) or so much of any such increase as is proportionate to the relevant part of the said pension, and

(iv) so long as the person concerned is receiving treatment as an in-patient at a hospital as a result of the relevant injury, any increase in such pension under section 62 of that Act (hospital treatment);

(b) any reduced earnings allowance under section 59A of the said Act of 1975(2) in respect of the relevant injury or so much of any such allowance as relates to that injury;

(c) until the first day after his retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 14 or 15, or, as the case may be, a day on which he is incapable of work within the meaning of section 36, of the said Act of 1975—

(i) any sickness benefit under the said section 14, including such benefit to which the person concerned is only entitled by virtue of section 50A(3) of that Act,

(ii) any invalidity pension under the said section 15, including any additional component comprised therein in pursuance of section 14 of the Social Security Pensions Act 1975(4), or

(iii) any severe disablement allowance under the said section 36,

including, in each case, any increase under any provision of Chapter III of the Social Security Act 1975 (dependants).

(4) Where a person has become entitled to a disablement gratuity under section 57 of the Social Security Act 1975 in respect of the relevant injury, this paragraph shall have effect as if he were entitled during the relevant period to a disablement pension of such amount as would be produced by converting the gratuity into an annuity for the said period.

• In this sub-paragraph the expression “the relevant period” means the period taken into account, in accordance with section 57 of the said Act of 1975, for the purpose of making the assessment by reference to which the gratuity became payable.

5.  No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 3 and 4 exceed the amount of the pension calculated in accordance with paragraph 2.

6.  This Part has effect subject to paragraphs 6 and 7 of Part I, and paragraph 4 of Part VII, of Schedule J.

(1)

1975 c. 14, amended (as respects the provisions mentioned in this paragraph) by 1975 c. 60, s. 18(1) and Sch. 4,Pt. 1; 1975 c. 61, Schs. 4 and 5; 1977 c. 5, ss. 5 and 22 and Sch. 2; 1979 c. 18, Schs. 1 and 3; 1980 c. 30, Schs. 1 and 5; 1980 c. 39, s. 3;1982 c. 24, s. 39, Sch. 2, Sch. 4, Pt. 1 and Sch. 5; 1986 c. 50, Sch. 3.

(2)

S. 59A inserted by 1986 c. 50, Sch. 3, para. 5.

(3)

S. 50A inserted by 1982 c. 24, s. 39.

(4)

1975 c. 60.