The Police Pensions Regulations 2015

CHAPTER 4 Appeals in relation to payment of benefits

Appeals to Crown Court

207.—(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of a home police force.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 209 (limitation on appeals against decision of scheme manager), appeal to the Crown Court against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the police pension authority acting in exercise of its functions as scheme manager under regulation 75 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the scheme manager under regulation 115 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the scheme manager under regulation 107 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) The Crown Court, after enquiring into the case, may make such order in the matter as appears to it to be just.

Appeals to Secretary of State

208.—(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of a police force in England and Wales other than a home police force.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 209, appeal to the Secretary of State against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the police pension authority acting in exercise of its functions as scheme manager under regulation 75 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the scheme manager under regulation 115 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the scheme manager under regulation 107 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) Regulation 225 (procedure on appeals to the Secretary of State) sets out the procedure for appeals under this regulation to the Secretary of State.

Limitation on appeals against decision of scheme manager

209.—(1) A person may not appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to the Secretary of State) against anything done by the scheme manager, police pension authority or pension supervising authority under a power conferred by these Regulations which is expressly stated to be a power in respect of which the scheme manager, police pension authority or pension supervising authority may exercise a discretion.

(2) Unless a court hearing an appeal under regulation 207 or a tribunal hearing an appeal under regulation 208 refers a medical decision(1) for reconsideration under Schedule 1, the court or tribunal hearing the appeal are bound by a final decision of a medical authority(2) under Schedule 1.

(1)

See paragraph 1 of Schedule 1 for the meaning of “medical decision”.

(2)

See paragraph 1 of Schedule 1 for the meaning of “medical authority”.