Police (Injury Benefit) Regulations 1987

JurisdictionUK Non-devolved
CitationSI 1987/156

1987 No. 156

POLICE

The Police (Injury Benefit) Regulations 1987

Made 4th February 1987

Laid before Parliament 17th February 1987

Coming into force 17th March 1987

In exercise of the powers conferred on me by sections 1, 3, 4 and 6 of the Police Pensions Act 19761, and after consultation with the Police Negotiating Board for the United Kingdom, I hereby, with the consent of the Treasury2, make the following Regulations:

1 PRELIMINARY

PART I

PRELIMINARY

S-1 Citation

Citation

1. These Regulations may be cited as the Police (Injury Benefit) Regulations 1987.

S-2 Commencement

Commencement

2. These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

S-3 Interpretation

Interpretation

3.—(1) Subject to the following provisions of these Regulations, these Regulations shall be construed as one with the Police Pensions Regulations 19733(hereinafter referred to as “the principal Regulations”).

(2) Without prejudice to paragraph (1)—

(a)

(a) in these Regulations—

(i) “taxable allowances” includes all taxable allowances payable by virtue of regulations from time to time in force under section 33 of the Police Act 19644or section 26 of the Police (Scotland) Act 19675;

(ii) “total remuneration”, in relation to a member of a police force, means the sum of his pensionable pay and taxable allowances payable to him;

(iii) notwithstanding Regulation 13(3) of the principal Regulations, “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly; and

(b)

(b) in the case of a person who is totally disabled, Regulation 13(1) of the principal Regulations shall have effect, for the purposes of these Regulations, as if the reference to “that disablement being … likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.

2 BENEFIT ON DISABLEMENT OR DEATH

PART II

BENEFIT ON DISABLEMENT OR DEATH

S-4 Disablement gratuity

Disablement gratuity

4.—(1) This Regulation shall apply to a person who—

(a)

(a) receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and

(b)

(b) on or after that date ceases or has ceased to be a member of a police force; and

(c)

(c) on or after that date and within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result thereof.

(2) Subject to the following provisions of these Regulations, the police authority for the force in which a person to whom this Regulation applies last served shall pay to him a gratuity of an amount equal to whichever is the lesser of the following amounts, namely—

(a)

(a) five times the annual value of his pensionable pay on his last day of service as a member of a police force;

(b)

(b) the sum of four times his total remuneration during the 12 months ending with his last day of service as a member of a police force and the amount of his aggregate pension contributions in respect of the relevant period of service.

S-5 Death gratuity

Death gratuity

5.—(1) Subject to paragraph (2), this Regulation shall apply to a member of a police force who—

(a)

(a) receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and

(b)

(b) was serving as such a member on or after that date; and

(c)

(c) within 12 months of so receiving that injury dies or has died as a result thereof.

(2) In the case of a person who had ceased to serve as a member of a police force before his death, this Regulation shall only apply to him if his death also occurred before any decision by a duly qualified medical practitioner under Regulation 71 of the principal Regulations that he was totally and permanently disabled as a result of that injury.

(3) Subject to the following provisions of these Regulations, where a member to whom this Regulation applies—

(a)

(a) leaves a widow (unless, by reason of Regulation 33(2) or 34 of the principal Regulations, she would not qualify for a special award under Regulation 28 thereof); or

(b)

(b) does not leave any such widow, but leaves a child (unless, by reason of Regulation 42 of the principal Regulations, that child would not qualify for a special allowance under Regulation 38 thereof); or

(c)

(c) does not leave any such widow or child, but leaves a dependent relative to whom a special pension may be paid under Regulation 36 of the principal Regulations,

the police authority shall pay to his widow or, as the case may be, to the child or dependent relative a gratuity of an amount equal to whichever is the lesser of the following amounts, namely—

(i)

(i) five times the annual value of his pensionable pay on his death or, if earlier, on his last day of service as a member of a police force;

(ii)

(ii) the sum of four times his total remuneration during the 12 months ending with his death, or, if earlier, with his last day of service as a member of a police force and the amount of his aggregate pension contributions in respect of the relevant period of service.

(4) Where a member of a police force to whom this Regulation applies leaves two or more children or two or more dependent relatives, then the amount of the gratuity so payable shall be divided by the police authority among the children or dependent relatives (as the case may be) in their discretion.

3 GENERAL

PART III

GENERAL

S-6 Gratuities paid in anticipation

Gratuities paid in anticipation

6. Where, before 17th March 1987, a police authority pays to any person a gratuity in respect of the death or disablement of a member of a police force as the result of an injury received by him in the execution of his duty, and the gratuity is at any time thereafter certified by the police authority as having been so paid in anticipation of the coming into force of these Regulations—

(a) nothing in these Regulations shall entitle that person to any further payment in respect of the death or disablement of the member in question; and

(b) for the purposes of these Regulations, the gratuity shall...

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