Dear Mr Jarman

Reference No: SM23/12

Thank you for your application for information concerning

When an injury pension is first granted (under Article 11 of the
Police (Injury Benefit) Regulations 2006), or when an injury
pension is reviewed (under Article 37-(1) of the Police (Injury
Benefit) Regulations 2006) a Selected Medical Practitioner (SMP) is
required to decide the degree of disablement, or any alteration in
degree of disablement, as appropriate.

The Regulations do not set out the method the SMP should use.
However, the Home Office provided guidance in Part 5 of Guidance On
Medical Appeals Under The Police Pensions Regulations 1987 And The
Police (Injury Benefit) Regulations 2006.

That guidance states, in Paragraph 9, 'The Regulations do not set
out a specified procedure for assessing the degree of a person's
disablement. The Administrative Court has, however, commented that
the task in assessing earning capacity is to assess what the person
is capable of doing and thus capable of earning. It is not a labour
market assessment of whether somebody would actually pay that
person to do what he or she is capable of doing, whether or not in
competition with other workers. What follows here is the procedure
suggested by the Home Office. This has no binding authority but it
is the procedure which has been followed in most forces and by
boards over recent years.'

I am requesting any documents that record whether or not your force
SMP has at any time followed the procedure that is set out in the
guidance.

If there are multiple documents, then, in order to keep this
request as simple as possible, you may provide a list allowing
ready identification of those documents together with a 'Yes' or
'No' answer to the question, 'Did your force SMP at any time follow
the procedure set out in the Home Office Guidance On Medical
Appeals Under The Police Pensions Regulations 1987 And The Police
(Injury Benefit) Regulations 2006?'

If the answer is yes, or if you provide a document or documents
that indicate the answer would be yes, then will you also inform me
when this procedure was first brought into operation.


. This will be dealt with under the terms of the Freedom of Information Act 2000.

Your request will now be considered and you will receive a response within the statutory timescale of 20 working
days as defined by the Act, subject to the information not being exempt nor containing a reference to a third party.
In the event that we are not able to achieve this deadline you will be informed at the earliest opportunity and
given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this
is the case you will be informed and the 20 working day timescale will be suspended until we receive payment from
you.

Some requests may also require either full or partial transfer to another public authority in order to answer your
query in the fullest possible way. Again, you will be informed if this is the case.

Yours sincerely,

Sandra Miller
Disclosure Analyst
Information Bureau
Merseyside Police
PO Box 59, Liverpool. L69 1JD
Telephone: 0151 777 7021 Fax: 0151 777 7099
Email : [Merseyside Police request email]

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Dear Mr Jarman

Response Letter - FOI Application SM23/12

I write in connection with your request for information which was received
by Merseyside Police on 29/01/12 I note that you seek access to the
following information:
information concerning the administration
of police injury pensions.

Following receipt of your request, searches were conducted within
Merseyside Police to locate information relevant to your request. I can
confirm that the information that you requested is held by Merseyside
Police.

To locate the information relevant to your request, searches were conducted
in the Human Resources Department
The searches located the records relevant to your request.

I have today decided to disclose the located information to you. Please
find attached my full Response Table.
(See attached file: RESPONSE TABLE SM23.12.doc)(See attached file: 104
injury explanation template 10.05 revised.doc)(See attached file: Injury
Pension Certificate (template for typing ).doc)(See attached file: 104 to
FMA Review.Earnings Capacity.doc 1.doc)

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights review and of complaint.
(See attached file: Complaints info.doc)

Should you have any further inquiries concerning this matter, please write
to, or e-mail me, at the below address, quoting the reference number above.

Yours faithfully

Sandra Miller
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Tel: 0151 777 7021
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]
============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================