Heddlu Dyfed-Powys Police
Protocol on Injury on Duty Awards
Police Officers
Superintendent M.G. Donovan
Dated 16/06/05
Head of Human Resources
Review Date 16/06/06
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Protocol on Injury on Duty Awards – Police Officers
The purpose of this protocol is to provide guidance for the consistent practice and administration
of police injury awards under the Police Pensions Regulations, 1987, and in accordance with
HOC003/2004 the PNB’s Guidance on Improving the Management of Ill-Health and Home Office
Guidance on Medical Appeals under the Police Pension Regulation.
Protocol
1.
Introduction
1.1
Within the terms of the Police Pensions Regulations, 1987 (PPR), Police Authorities
have responsibility for implementing the relevant legislated procedures, leading to
a police officer being medically retired, either with or without an injury award.
1.2
It is important that throughout the service of a police officer, records are
maintained of injuries received on duty and in some instances, off duty and that
notes be kept on the officer’s personnel file of any remedial action taken. In cases
involving injury, any default on the part of the officer should be honestly, fairly and
accurately recorded by the officer and his or her supervisors.
2.
Statement of Purpose
2.1
The Dyfed-Powys Police Authority will administer the allocation and review injury
awards objectively, fairly and in accordance with the law through the delegation of
its authority to the Chief Constable. It will seek to ensure that awards are timely,
appropriate and in accord with medical and other evidence available, giving due
regard to the interests of the individual and its public responsibilities.
3.
Management
3.1
Supervisors at all levels are required to ensure that absence is monitored within
their area of responsibility, in accord with Dyfed-Powys Police policy entitled
‘Sickness Absence Management Policy for Police Officers’. Wherever an injury on
duty is reported, whether or not it leads to absence, supervisors will ensure the
appropriate records, i.e. an A324 (Injury on Duty form) are completed and
enquiries made to establish the facts as to how the injury occurred and, where
necessary, describe remedial action taken to avoid similar occurrences. The
possibility that contemporaneous reports or statements may be required later
should not be discounted as the evidence obtained may not become relevant for
some years into the future. Such evidence should be held at Headquarters and
placed on the injured party’s file.
4.
Injury Awards
4.1
To qualify for such an award, the injury must have caused, or substantially
contributed to the disability which led to retirement, without the officer’s own
serious and culpable negligence or misconduct. Evidence will be required to
substantiate a claim for an injury on duty, from the claimant and also, where it is
relevant, of any default on the part of the officer.
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4.2
The Police Authority will not normally consider the issue of an injury award at the
same time as an Ill-health retirement, particularly where further enquiries, either
factual or medical are considered necessary. In such cases, ill-health retirement will
not be delayed and officers, who consider they have justification for an injury
award will be invited to apply in writing to the Head of Human Resources,
providing evidence to substantiate their claim. Where such claims are substantiated
at a later date, payment of the injury award will be backdated to the date of the
claim.
4.3
In cases where the Authority determine that consideration will be given to an injury
award application, they shall refer to a Selected Medical Practitioner (SMP), the
question as to whether the disablement resulted from an injury received in the
execution of duty and the degree of disablement (Regulation H1 (2) (c) and (d) of
the Police Pensions Regulations (PPR). This is to be illustrated as the percentage by
which the individual’s police salary would fall, in order to reach the level of salary
likely to be commanded in another occupation despite the injury.
4.4
Prior to any consultation or decision by the Force Medical Advisor (FMA) or SMP,
Human Resources will supply to him / her via the Occupational Health Unit (OHU) a
report setting out the history of the officer concerned. This will include details of
education, training, postings, skills and experience and any other information,
which may have a bearing on the officer’s earning potential once they have left the
service, i.e. additional information of current outside earnings and relevant job
descriptions. Any evidence that an officer brought about, or substantially
contributed to the injury, which led to disablement, should be attached to the file,
as the Authority is empowered to refuse awards, or reduce their amount in such
cases (Regulations H1 (3), A12 (3) and K3 Police Pensions Regulations (PPR) 1987.
4.5
The FMA or SMP will issue a certificate (not a report) dealing only with the
questions referred under Regulation H1 (2) (c) and (d), PPR.
5.
Reviews
5.1
As long as a pensioner is in receipt of an ill-health pension and would not, had they
stayed in the police, have been entitled to reckon 25 years’ pensionable service had
he or she not been ill-health retired, or they have been required to retire on the
grounds of age, the Police Authority may consider at intervals, whether the
disability has become worse or ceased in consultation with a SMP (Regulation K1,
PPR). These intervals are determined by the FMA or SMP on the granting of the
award based on an assessment of the officer’s health.
5.2
The Authority shall consider whether the degree of disablement has substantially
altered and if it has, the pension will be revised accordingly (Regulation K2, PPR).
In determining the degree of disablement in this process, the Authority shall refer
the matter to a SMP, who will be required to deal with it in accord with Regulation
H1 (2) (d), PPR (i.e. issue a certificate).
5.3
Prior to any consultation or decision by the FMA or SMP, Human Resources will
send a questionnaire to the pensioner in which the pensioner can set out their
history concerned since they left the service. This document will be referred to as
the ‘Injury on Duty Award Questionnaire’ (form 258a). This questionnaire will
be returned directly to the OHU.
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5.4
The final part of the review process will involve an assessment by the FMA or SMP.
The FMA or SMP will initially address the degree of disablement of the pensioner
being reviewed, if necessary during private consultation and examination. The
FMA or SMP will first determine whether the pensioner’s condition has remained
the same since the original assessment, or last review; whether it has improved, or
whether it has worsened. Once this medical appraisal is complete, the
questionnaire information may be taken into account by the FMA or SMP to assist
in determining the pensioner’s potential earning capacity.
5.5
Pensioners living outside the Dyfed-Powys Police area and who are subject to
review, shall, at the discretion of the Authority, be required to attend Dyfed-Powys
Police OHU, or elsewhere for any examination. Reasonable travel and subsistence
expenses will normally be reimbursed.
5.6
Pensioners subject of review and living abroad, may be directed to see a SMP
within reasonable travelling distance of their homes, after consultation by the
Human Resources Unit with British Authorities overseas (e.g. Embassies, Consuls,
Armed Forces). Alternatively, the pensioner may be advised to attend a meeting
with the FMA or SMP within the UK. In this circumstance, reasonable travel and
subsistence expenses from the nearest port of entry in the UK to the place of
examination, will be made. Failure on the part of the pensioner to co-operate may
be addressed under Regulation H4 of the Police Pensions Regulations, 1987 as
outlined in Paragraph 9.
6.
Review of Injury Pensions once Former Officers reach Compulsory Retirement
Age
6.1
Once a former officer receiving an injury pension reaches what would have been
his compulsory retirement age under the Police Pensions Regulations.
These are:
Police Constable / Sergeant
55 years of age
Inspector / Chief Inspector
60 years of age
Superintendent / Chief Superintendent
60 years of age
6.2
The Force will review the award payable, since it is no longer appropriate to use
the former officer’s police pay scale as the basis for his or her pre-injury earning
capacity.
6.3
In the absence of a cogent reason for a higher or lower outside earnings level, it is
suggested that the new basis for the person’s earning capacity, had there been no
injury, should be the mean figure under ASHE (Annual Survey of Hours and
Earnings) currently at £26,989 at the time of the review. The loss of earning
capacity for the purpose of establishing degree of disablement should therefore be
assessed by reference to what the percentage proportion the person’s actual
earning capacity bears to ASHE.
6.4
This procedure should help to ensure that former officers are treated in a
consistent way across forces. They will be placed on an equal financial footing with
others in the employment market at a time when they could not have been
assumed to be earning a police salary.
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7.
New Cases
7.1
Applications received for injury awards from former officers over 65 should not
normally be referred to the FMA or SMP for consideration.
8.
Appeals
8.1
Where an officer already retired is dissatisfied with any decision by a SMP
concerning entitlement to an injury award or review of that award, he or she may
appeal the decision under Regulation H2 within 28 days of being supplied with a
copy of the certificate. Internal review may be attempted but if this is refused or
fails the Police Authority, through the Human Resources Department of the Force,
will instigate the procedures laid down in Schedule H of the PPR, in liaison with the
Home Office and Medical Appeals Board.
9.
Cases of Non Co-operation
9.1
Wherever a pensioner fails to co-operate with the review of an injury award, the
Police Authority will consider the case within the terms of Regulation H4 (PPR) and
will write to the pensioner, explaining the process and again seek their co-
operation. If the pensioner wilfully or negligently fails to submit to a medical
examination, or to attend such interviews as the FMA or SMP may consider
necessary in order to reach a decision, the Authority may make their determination
on such evidence and medical advice as in their discretion they think necessary.
9.2
To assist with this determination pensioners who fail to co-operate, or only co-
operate conditionally, will be provided with an appointment to see the FMA or SMP
at Police Headquarters, or other location specified by the Authority.
9.3
If they attend, but have not completed a review questionnaire they will be provided
with one by the FMA or SMP and asked to complete it forthwith. Once completed
the FMA or SMP will conduct the consultation and examination.
9.4
Should the pensioner fail to attend any meeting with the FMA or SMP, or fail to co-
operate at all, the injury on duty percentage award will be reduced to the lowest
band, unless there are clear and unequivocal reasons for not doing so. Any
subsequent appeal will be defended, or the case may be reassessed if the
pensioner is then able to co-operate.
Note 1 – In the case of an officer who is under retirement age but has already left the service
for reasons other than ill-health retirement, it is suggested that the comparator used should still
be equivalent police salary. This is because, even if the ex-officer had been dismissed, forces
would still have discretion to re-employ and he or she could therefore still be deemed capable of
earning that salary.
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