Guidance
Police Pension
Injury Award
Review
Process
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June 2014
Police Pension Injury Award Review
1
Background
1.1
Under the Police (Injury Benefit) Regulations 2006 an officer receives an injury
award where he or she has ceased to be a member of a police force and is
permanently disabled as a result of an injury received without his or her own
default in the execution of his or her duty. The award consists of a gratuity and a
monthly payment, both of which are related to the loss of earning capacity of the
officer.
1.2
A Police Pension Authority is required to review an injury award from time to time.
This is because the injury award is linked to the loss of potential earning capacity,
which may vary with changing circumstances. However, although the actual
amount paid may change, the injury award cannot, under current legislation, be
removed entirely and so is payable for life.
2
Review of Injury Awards
2.1
The Police (Injury Benefit) Regulations 2006, require Police Pension Authorities
to periodically consider whether the degree of a retired officer’s disablement
attributable to the qualifying injury (including theoretical earnings capacity) has
substantially altered. This can increase or decrease over a period of time and
therefore should be reflected in the injury award banding.
2.2
Any decision taken by the SMP on behalf of a Police Pension Authority including
a decision relating to loss of earnings capacity may be the subject of appeal by an
officer to an independent body, the Police Medical Appeal Board. This includes
decisions on ill-health and injury awards. There is therefore an existing right of
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June 2014
appeal for an individual officer who considers that their injury award has been
unfairly changed.
2.3
The Police Pension Authority will establish a liasion group consisting of;
(1) The Head of HR Business Support
(2) 2 representatives from the Police Federation
(3) 1 representative of each of the local NARPO branches
(4) Attended by the Head of Occupational Health or their nominee
to meet on an annual basis to discuss issues of general import relating to the
review of injury awards including any proposed changes. The Group’s minutes
will be circulated after the meeting to all members of the Group.
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June 2014
CONTACT DETAILS
Avon and Somerset Police Federation Office
01275 878 854
Email:
xxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxxxxx.xx NARPO - Bristol Branch
Chairman:
Mr Robin Hobbs
0117 907 1477
Email:
xxxxxxxxxx@xxxxxxxxxx.xx.xx
07774 877813
NARPO – Avon and Somerset Branch
Hon Secretary: Mr Dave Leach
0117 986 6187
Email
: xxxxxxx@xxxxxxxxxx.xx.xx
Occupational Health Unit
01275 814 929
Email:
xxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxxxxx.xx
Peninsular Pensions
01392 383 000
Great Moor House
Bittern Road
Sowton Industrial Estate
Exeter
EX2 7NL
Email:
xxxxxxxx@xxxxx.xxx.xx Christine Jones
01275 816 161
Email:
xxxxxxxxxx@xxxxxxxxxxxxxxx.xxxxxx.xx
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June 2014
PROCESS FOR THE REVIEW OF AN INJURY AWARD
FOR FORMER OFFICER
1.
A letter will be sent to the former officer with the following enclosures:
Injury Award Review Questionnaire (
to be returned within 14 days)
Frequently Asked Questions (FAQs)
Injury Award Appeal Procedure
Department for Work and Pensions (DWP) Consent Form
Consent form for release of records to the SMP and to obtain the
GP records
(to be returned to Occupational Health so that these can be
obtained prior to the appointment)
2.
In most cases once the medical information is received, the Selected
Medical Practitioner (SMP) will review the case.
3.
An appointment will then be made for the individual to meet with the SMP.
4.
At the appointment the SMP may decide that they need to write to the
individual’s GP or Consultant.
5.
Please note that obtaining the relevant medical information will take a
month or longer.
6.
The SMP will then request from HR an indication of the level of earnings
which could potentially be received (based on his assessment); and an
internal report will be completed providing the SMP with the following
information where possible:
a. Rank on retirement
b. Relevant Police Salary Scale
c. Qualifications
d. Employment pre Police Service
e. Relevant Police experience
f. Training courses attended
g. Any other relevant information
7.
The SMP will then calculate the new banding, if appropriate, which could
remain the same, increase or decrease. The new certificate will indicate
the banding of the award and when the SMP recommends the next review
should take place.
8.
A letter and certificate will be forwarded to the individual from HR and this
will outline any changes to the banding. Any change to the award will be
implemented one month from the date of the letter. Any appeal should be
made within 28 days in line with the Appeal Procedure which is attached to
this documentation.
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June 2014
INJURY AWARDS APPEAL PROCEDURE
1.
The appeals procedure is governed by Regulation 31 of The Police (Injury
Benefit) Regulations 2006.
2.
Where a person is dissatisfied with the decision of the selected medical
practitioner as set out in a report under regulation 30(6), they may, within
28 days after they have received a copy of that report give notice to the
Head of HR that they appeal against the decision.
Within a further 28 days of that notice being received that person has to
supply to the Head of HR a statement of the grounds of their appeal.
3.
It is possible at this stage for a decision to be made by the Police Pension
Authority to carry out an internal review and refer the matter back to the
SMP for reconsideration to correct mistakes either as to fact or as to law,
which have or may have resulted in an officer being paid less than his full
entitlement under the regulations. It may also reduce the need for a full
appeal, but if following such reconsideration there is still no agreement
then the appeal process continues.
4. Once all the documentation has been completed, it will be forwarded to
The Police Medical Appeals Board to make a determination.
5.
At the hearing the Board will review the submissions from both parties.
The submissions will include:-
what work they believe the appellant can do
what mental/physical capabilities the jobs they have in mind entail
where applicable, details of any jobs the appellant has done since
retirement
what earnings would be expected from such possible or actual jobs
the earnings of the appellant as a Police Officer – or, in the case of
a review of loss of earning capacity or claim arising after the officer
has left the police service, the appellant’s police earnings updated
to the time of review.
The Board will usually interview and/or examine the appellant.
6.
If either party wish to be represented at the hearing their intention must be
disclosed to the Board and the other party at least 35 days prior to the date
of the hearing.
7.
Submissions are shared with both parties and both parties have the
opportunity to send in written comments on the evidence of the other. Any
written comments or statements must be submitted to the Board and other
party at least 7 days prior to the date of the hearing.
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June 2014
8.
A hearing may also be attended by the SMP (acting on behalf of the Force)
and an appropriately qualified medical practitioner (acting on behalf of the
appellant) although they can only observe and not participate in the
proceedings, including any examination.
9.
Once the Board has made its decision, it will provide a written statement
advising of the final decision to the Police Pension Authority, the appellant.
10.
Where the Board disagrees with any part of the SMP’s report, the Board
will supply a revised report.
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June 2014
FREQUENTLY ASKED QUESTIONS
What does the Injury Review consider?
o
The H1 certificate certifies the disabling injury or condition and also
the percentage of disablement. The review does not address the
permanence of the disability,
only the percentage degree of
disablement.
I was under the impression that no further reviews would be
necessary as the Injury award was for life. In view of this why are
cases being reviewed?
o
Under Regulation 37 of the Police Injury Benefit Regulations 2006
the Injury Award (except in cases where the disability has ceased)
is for life
but NOT the percentage degree of disablement.
o
The certificate provides the percentage calculation and a
recommendation of frequency of reviews.
o
Historically, some certificates issued have not indicated a review
period. However, the Regulations
impose an obligation on Police
Pension Authorities to set review periods and to review awards.
Why have injury awards not been reviewed in the past in line with the
applicable Pension Regulations?
o
In the recent past the practice in Avon and Somerset Constabulary
has generally been NOT to review injury awards. This was not the
result of a formal policy decision and is contrary to the applicable
Regulations.
Does the review process take the form of a personal review with the
FMA?
o
Yes, in order to allow for full representations to be made, the Force
has decided to offer individual appointments to anyone whose
award is to be reviewed.
Is a copy of the original H1 Certificate being sent to the individual
prior to review?
o
This is not part of the process as ALL individuals will have received
a copy of the H1 certificate at the time of the original decision and
on any subsequent review.
o
If an individual requests a copy of the appropriate H1 certificate this
will supplied.
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June 2014
Do I need to attend?
o
Each individual will be requested to attend. Reviews may still be
undertaken if the individual does not attend (unless there are
exceptional
circumstances
warranting
postponement).
What if I refuse to attend?
o
The Police Pension Authority may suspend the payment of your
injury award until an examination is undertaken.
What if I choose not to engage with the process?
o
In this case, your circumstances will be reviewed in light of the
information available to the SMP at the time. However, you will
appreciate that this is not an ideal situation and we would prefer to
make any assessment on current information. In view of this, you
are strongly encouraged to complete and return the questionnaire
and supporting documents and to engage with the process.
Will the SMP be in possession of all the relevant facts to conduct the
injury award review?
o
At review, if the SMP feels that they have not received all the
relevant and up to date facts, they will write to the individual’s GP or
Consultant to obtain more information about the medical
background, or to anyone that can assist before making any
decision.
Where will the appointment be?
o
All appointments will usually be held at the Occupational Health
Unit, unless there are exceptional circumstances:
Occupational Health Services
Unit 12 Portis Fields
Middle Bridge Business Park,
Bristol Road,
Portishead
BS20 6PN
Does the OHU have wheelchair access?
o
Yes, the OHU has wheelchair access and facilities
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June 2014
May I have representation at the medical/appointment?
o
We have no objections to individuals bringing a representative with
them. However, we need to have details of the representative prior
to the appointment to enable us to make the appropriate
arrangements.
What happens when individuals live long distances away from the
Occupational Health Unit in Portishead?
o
We will endeavour to be flexible in such cases, but it is the
responsibility of the individual to attend if called for review.
Are you paying travel expenses?
o
Travel expenses will not be reimbursed.
If I work on a voluntary basis, does this affect the assessment of my
potential earnings?
o
The fact that someone can carry out tasks would form part of any
assessment.
If my injury award changes what will this mean in monetary terms?
o
Peninsular Pensions (who administer the Pension Scheme on
behalf of the Constabulary) will notify the individual and give one
months’ notice of the change from the date of the decision.
May I see the information passed to the FMA/SMP by the Force?
o
Yes, including the FMA’s referral papers to the SMP.
How is the Annual Survey of Hours and Earnings (ASHE) applied?
o
This figure is used to assess the earnings loss when compared to
the income you are able to earn.
What is the ASHE median figure?
o
This is reviewed on an annual basis and can be provided when
requested.
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June 2014
Would it not be fairer to apply the reviews to those who retire on
medical grounds from now onwards?
o
The Force is spending public money; and is subject to accountability
and audit scrutiny.
o
The Force is not applying any changes retrospectively as a result of
review of injury awards.
o
If the injury review results in a reduction of more than one band,
sympathetic consideration will be given to a phased reduction on a
case by case basis.
o
Cognisance will also be taken on a case by case basis of any formal
information held on the occupational health records relating to injury
on duty reviews. The omission of a specified review period from the
Certificate will not be a consideration in the exercise of any
discretion.
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June 2014
POLICE PENSION INJURY AWARD REVIEW
QUESTIONNAIRE
First Name (s) …………………………............................................
Last Name
………………………………………………………..
Collar Number when serving: ……………………………………….
Date of Retirement: …………………………………………………
The Police Pension Authority, in exercising the powers conferred upon them by
Police Injury Benefit Regulations, is to consider the degree to which your earning
capacity is affected by your degree of disability. To assist in this process you are
required to complete this questionnaire fully and accurately.
Your injury award is being assessed in relation to the following:
PLEASE ANSWER ALL QUESTIONS
1.
Have you performed any work following your retirement? YES/NO
(delete as appropriate)
If YES,
please give details including salary or other earnings.
(This should include all work, paid or unpaid, full or part time, casual,
helping out in a friend’s or relative’s business, odd jobs, voluntary work,
etc.)
…………………………………………………………….………………………...
…………………………………………………………….………………………...
………………………………………………………………………………………
…………………………………….………………………………………………...
…………………………………………………………….………………………...
…………………………………………………………….………………………...
…………………………………………………………….………………………...
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June 2014
2.
Do you receive any other earned income? YES/NO
(delete as appropriate)
If YES
, please give details: -
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
3.
Do you drive/ride motor vehicles? YES/NO
(delete as appropriate)
If YES
, please give details below: -
1. Make/model
………………………………………………………………
Manual/auto
(delete as appropriate)
Weekly mileage ……………………………………………………………...
2. Make/model
………………………………………………………………
Manual/auto
(delete as appropriate)
Weekly mileage ………………………………………………………………
3. Make/model
………………………………………………………………
Manual/auto
(delete as appropriate)
Weekly mileage………………………………………………………………
4.
Do you participate in any sporting, fitness or other regular
recreational
activity?
YES/NO.
(delete
as
appropriate)
If YES,
please give details, frequency, etc.
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
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June 2014
5. Has the DWP assessed your disability?
YES/NO
(delete as appropriate)
N.B. In accordance with the applicable Pension Regulations you are required to submit a claim for
all relevant benefits, e.g. Disability Living Allowance, Industrial Injury Benefit, Reduced Earnings
Allowance.
If you fail to do so, an equivalent amount may be deducted from your injury award pension.
If YES,
the date and result (% disablement) of your last assessment?
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
6.
Please include here any other relevant information not included in
your replies elsewhere in this questionnaire which you wish us to
consider. (Continue overleaf if necessary.)
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
7.
To ensure our records are accurate, please confirm your address:
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………Post Code
………………………….
E-mail
………………………………………………………………………………
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June 2014
Please also confirm the following:
A contact telephone number:
………………………..…………………………………….…………………..
………………………..…………………………………….…………………..
Thank you for your assistance
I ….…………………………………………..……(print full name) declare that the
information I have provided is correct to the best of my knowledge and belief and
I understand that I may be liable to prosecution and/or payment of my injury
award may be reduced or suspended if I have provided any information which is
either misleading or inaccurate.
Signed
…………………………………………….
Date
……………….……
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June 2014
CONSENT FORM
(Inland Revenue)
Name:...……………………………………………………….……………………………
I ……………………………………………………..…... (print full name)
consent to the
Inland Revenue providing Avon and Somerset Constabulary Ill-Health Pensions
Review with details of my employment(s), tax code and earnings.
Signed………………………………………….… Date……….……………………
When completed please sign and return the form along with any additional
information to:
Christine Jones
HR Manager
HR Planning
Avon & Somerset Constabulary
PO Box 37
Valley Road
PORTISHEAD
BS20 8QJ
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June 2014
CONSENT FORM
(Department for Work & Pensions)
Name: …………………………………………………………………...…………………
I ………………………………………………………. (print full name)
consent to the
Department for Work and Pensions providing the Avon and Somerset
Constabulary with details of all relevant benefits paid to me upon retirement.
Signed…………………………………………...…Date……………….……………….
When completed please sign and return the form along with any additional
information to:
Christine Jones
HR Manager
HR Planning
Avon & Somerset Constabulary
PO Box 37
Valley Road
PORTISHEAD
BS20 8QJ
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June 2014
Occupational Health Services
Unit 12 Portis Fields, Middle Bridge Business Park, Bristol Road, Portishead BS20 6PN
Telephone: 01275 814943 Fax: 01275 814944
Office Hours: 8.30am – 4.30pm
CONSENT FOR DISCLOSURE OF MEDICAL INFORMATION DURING ASSESSMENT OF
INJURY AWARD APPLICATION/INJURY AWARD REVIEW
I, (rank) ………. (no) ………… (name) ……………………………………………………, confirm my
willingness to undergo statutory medical assessment under the Police Injury Benefit Regulations (2006). I
agree to attend all medical consultations with the Selected Medical Practitioner (SMP) appointed to my
case, and I further consent to attend any consultation(s) with Specialist(s) or other medical practitioner(s)
deemed necessary by the SMP, and for report(s) to be provided to inform the SMP’s judgement.
I accept that the SMP may need to scrutinise copies of my Occupational Health records, GP records,
Specialist reports from litigation, hospital records, or other records in order to inform his/her opinions, and I
consent to full copies of these records being released to the SMP and/or any other medical practitioner
involved. I consent to Occupational Health applying to obtain my General Practitioner records from:
………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………….
If I am Permanently Disabled due to a qualifying injury, I understand that the SMP will prepare a
preliminary report that will contain medical details about me sufficient for the Avon and Somerset
Constabulary Police Management to identify (if appropriate) example job roles, with associated salaries, to
allow my reduction in earnings capacity to be calculated in accordance with the Regulations and Home
Office guidance. The SMP will then submit a final report if he/she agrees. I consent for disclosure of
medical information about me by the SMP for these purposes.
If the SMP judges me not to have a qualifying injury under the Regulations, I consent to provision of a final
report form and Medical Annex to the Chief Constable, Avon and Somerset Constabulary, (or his/her
delegated representative). I understand that this information will be used to provide background details and
explanation for the SMP’s judgement.
Provision of report – please circle choice below*
*a)
I wish to be provided with a copy of the reports by the SMP or other medical practitioner at the
same time as the reports are mailed to the Avon and Somerset Constabulary/the SMP.
*b)
I wish to be provided with a copy of any medical report before it is provided to the intended
recipient. Under this option, the report will be mailed by Special Delivery and I understand that I
will have 3 working days from receipt to inspect the report. If I do not contact the author within
this timespan, I consent to the report being released to the intended recipient.
I acknowledge that I can correct any issues of fact by writing to the recipient of the report(s) (copy to the
author), but I cannot require a medical practitioner/SMP to alter his/her opinion on my case. Nonetheless,
in accordance with the Regulations, I understand that I can request formal, “internal review” of the SMP’s
decision and/or exercise my right of appeal to a Police Medical Appeal Board or through the Courts.
I understand that at any time in The Procedure, I may elect to withdraw my consent to attend a medical
consultation, or for medical information about me to be disclosed, by writing to the Head of Human
Resources, Avon and Somerset Constabulary, and informing the medical practitioner/SMP concerned at the
time. I acknowledge that withdrawal of consent may have the effect of halting The Procedure while the
Avon and Somerset Constabulary confirms, via the SMP, that the consultation or disclosure is necessary to
progress my case. I understand that in these circumstances the Avon and Somerset Constabulary may
decide the issue of Permanent Disability itself and that I will not enjoy a right of appeal to a Medical Appeal
Board.
Signature: …………………………. Name: ………….………………… Date: ……………………………..
(please print)
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June 2014
