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The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) (Amendment) Regulations 2021
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- Northern Ireland Statutory Rules
- 2021 No. 43
- Regulation 6
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Permanent disablement
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6. After regulation 6 insert—
“Permeant disablement in relation to a 2015 scheme member
6A.—(1) This regulation applies in relation to a police officer who is a member of the 2015 scheme at the time when the question as to whether the person is permanently disabled arises under these Regulations for decision.
(2) The person is disabled for the purpose of these Regulations if the person is medically unfair within the of Chapter 1 of Part 6 (retirement pensions payable on the grounds of permeant medical unfitness: general) of the 2015 Regulations.
(3) The person is permanently disabled for the purpose of these Regulations if at the time the decision is made, the disability is likely to be permeant.
(4) In the case of a person who is totally disabled for the purpose of these Regulations, para (3) has effect, for the purpose of regulations 11 and 20 of these regulations, as if the reference to the person’s disability being likely to be permanent were a reference to the total; disablement of the person being likely to be permanent.
(5) Where it is necessary to determine the degree of a person’s disablement, it must be determined by reference to the degree to which the person’s earning capacity has been affected as a result of an injury received without the person’s own default in the execution of duty as a police officer.
(6) For the purpose of paragraph (5).a person is deemed to be totally disabled if, as a result of an injury received without the person’s own default in the execution of duty as a police officer, the person is receiving treatment as an in-patient at a hospital.
(7) Where a person has retired before becoming disabled and the date on which the person becomes disabled cannot be ascertained, it is taken to be the date on which the claim that the person is disabled is first made known to the Board(1).”.
(1)
“The Board” means the Northern Ireland Policing Board as established by Section 2 of the 2000 Act.
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