The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) (Amendment) Regulations 2021

Abatement of certain gratuities in respect of gratuities otherwise payable

10.  In regulation 21 (abatement of certain gratuities in respect otherwise payable)(1)—

(a) In paragraph (1) omit “or as the case may be, regulation 40 or 42 of the 2009 Regulations”

(b) In paragraph (2)(a)(i)—

(i) after “regulation 10 or” insert “any gratuities paid”, and

(ii) for “as the case may be, regulation 41 or 42 of the 2009 Regulations” substitute “regulation 41 or 42 of the 2009 Regulations or, as the case may be regulations 164 or 165 of the 2015 Regulations”;

(c) at the end of paragraph (2)(a)(ii) add “and” and after that insert—

“(iii) any lump sums death grant paid under regulation 155 of the 2015 Regulations;”;

(d) for paragraph (2)(b)(ii)(C),substitute—

“(C) the deceased officers average pensionable pay was greater than 2¹/₄ times the annual amount of ill-health pension which would have been payable—

(aa) under regulation B3 of the 1988 Regulations to the deceased officer if that officer had retired on the grounds of permanent disability on the day which the officer has died( whether or not it was in fact greater),or

(ab) under regulation 26 of the 2009 Regulations if, on the date of the member’s death, the member had retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top up pension (whether or not it was in fact greater),

(ac) under regulation 100(3)(b) of the 2015 Regulations if, on the date of the member’s death, the member had retried meeting the upper tier threshold for payment of an ill-health pension under regulation 99(2)(payment thresholds) of those Regulations ( whether or not it was in fact greater);” and

(e) in paragraph (2)(c) for “or as the case may be regulation 41 of the 2009 Regulations” substitute, “regulation 41 of the 2009 Regulations or, as the case may be ,regulation 164 or 165 of the 2015 Regulations”.

(1)

Regulation 21 (1), (2)(a)((i)-(ii), (b)(ii(C), and (c) was amended by SR No. 79 Schedule 5(6).