DERBYSHIRE CONSTABULARY/DERBYSHIRE POLICE AUTHORITY
PROTOCOL RE INJURY ON DUTY AWARDS – REVIEW PROCESS
1. Introduction
1.1This protocol deals with the review of injury on duty awards paid to police officers who have left Derbyshire Constabulary and who have been injured in the execution of their police duties and are in receipt of an injury pension granted under Police Pensions Regulations 1987 as amended by the Police (Injury Benefit) Regulations 2006.
1.2Police Regulations allow for awards to be reassessed at such intervals as the Police Authority (PA) may determine suitable. Such reviews allow for upward or downward movement, dependent upon the individual’s potential loss of earnings capacity arising out of their injury.
1.3Under Police Regulations the assessment and reassessment of an injury pension is a Selected Medical Practitioner (SMP) function.
1.4Home Office Circular 3/2004 states that a Force Medical Adviser (FMA) can act as SMP in such cases.
2. Delegated Authority
2.1The Chief Constable has the delegated authority from the PA for matters relating to police pensions including review of injury awards and shall vest in the staff of the HR Department the day to day management of review of injury pensions
3. Reviews
3.1Retired officers who are granted an injury award will, at initial consideration, be notified of their percentage degree of disability. This assessment relates to their loss of potential earnings, as a percentage of their police salary, arising directly out of the injury sustained in the execution of their duties as a constable. It does not relate to the degree or seriousness of the injury.
3.2Injury awards will be reviewed periodically on the following basis:
a)At such intervals as the Force Medical Advisor/Selected Medical Practitioner may recommend are appropriate, or
b)At such intervals as the Chief Constable (delegated to the Head of HR) may determine, or
c)At such intervals as the Chief Constable (delegated to the Head of HR) may determine in a particular case. (For instance if new information becomes available in relation to the disability or earnings potential), or
d)At the recipient’s request where evidence of a change in medical circumstances relating to the injury on duty is supplied
3.3In addition to the above periodic reviews, awards will be reviewed to coincide with the recipient’s normal police retirement age and the state retirement age. Normal compulsory police retirement ages are as follows:-
Until 30 September 2006
For constables and sergeants:55 years of age
For inspectors, chief inspectors, superintendents
and chief superintendents:60 years of age
For chief officers:65 years of age
The state retirement age will be regarded as 65 years of age
for both males and females.
From 1 October 2006
For constable, sergeants, inspectors and chief inspectors: 60 years of age
For superintendents, chief superintendents and ACPO ranks:
65 years of age
3.4These ‘age related’ reviews will be undertaken in order to consider whether there is any change to the degree of disability based on potential earnings as a percentage of expected earnings in employment not as a police officer.
3.5The review at the age of 65 will be to reassess the claimant’s loss of earnings
potential after normal earnings in any capacity would cease.
3.6In all cases the former officer will be invited to submit cogent reasons why such a review should not be undertaken.
4. General
4.1Nothing in this protocol affects the individual’s right of appeal under The Police Pensions Regulations 1987.
5. Procedure
5.1 Data Storage
A spreadsheet detailing all former officers in receipt of an injury pension has been set up and will be maintained within the Injury Review Team. The spreadsheet details name, former rank, date of birth, review date, banding etc.
The Pensions section of Derbyshire County Council maintains both computerised and paper records of pension details, for all such former officers.
5.2The Injury Review Team will identify which officers are due for review in each financial year and prepare a list of officers due for review at state retirement age and at normal police retirement age.
5.3The review programme will be a rolling 12 month programme and appointments will be arranged relevant to the date of state retirement age which will refer to an ex officers date of birth.
5.4A second priority order will be maintained to support the 12 month rolling programme which will include officers that need to be assessed against normal police retirement age.
5.5Any appointments arranged outside of this requirement will be selected in order from the list provided by Derbyshire County Council and be discussed with the Injury Review Manager and the rationale for bringing an appointment forward will be documented on the file.
5.6Information submitted to the SMP in relation to earnings potential will be sourced from the Potential Earnings Assessment Matrix, Police Staff roles and a selection from external sources.
5.7Prior to this information being submitted to the SMP, an Injury Review Panel consisting of the Head of Manager Services/Employee Relations Manager and a Federation representative will be presented with a selection of roles for consideration by a member of the Injury Review Team.
6. State Retirement Age
6.1The Injury Review Team (IRT) will send a letter to all former officers who will reach state retirement age in the next financial year – having checked details with Pensions appointment date order will be based on date of birth.
7. No Response to State Retirement Letter
7.1If there is no response within 28 days the IRT will send a second letter out informing that if still no response after a further 28 days then the SMP will be informed to reduce banding to Band 1. .
7.2If there is no response after further 28 days, then the IRT will refer the case to the SMP to reduce to Band 1. IRT will update spreadsheet and write to inform of new Degree of Disablement and the right to appeal
7.3Forms returned to the IRT within 28 days, stating they do not require assessment, the IRT will write to Pensions and advise to recalculate to Band 1 and write to inform of new Degree of Disablement and the right to appeal
7.4Forms returned to the IRT within 28 days, stating they do require assessment, the IRT will arrange an appointment with the Selected Medical Practitioner and write to inform of the result of the consultation and the right to appeal. Any change in banding will be notified to Derbyshire County Council for adjustment of award.
7.5Pensions will recalculate and send letter to inform individual of changesand invite to direct any queries regarding their paymentto Derbyshire County Council, Corporate Finance.
7.6Any appeals are processed via Police Medical Appeal Board procedures.
8. Response with Cogent Reason Submitted
8.1The IRT will liaise with the SMP and where necessary report to the Head of HR/ ACC (Support) for consideration of each case and to establish future review date if necessary.
8.2If the cogent reason is not accepted then steps 7.2 – 7.6 above will apply.
8.3If cogent reason is accepted then the IRT will send a memo to Pensions Unit informing to continue to pay the award. The IRT will update spreadsheet and determine the next review date, if necessary.
8.4The IRT will inform the individual that there will be no change to banding and of next review date if necessary.
N.B. Cases that have highlighted severe financial hardship will be discussed with the ACC (Support)
9. Compulsory Police Retirement Age
9.1Each year having checked details with Finance section, the IRT will send a standard letter and earnings questionnaire to all former officers who will reach their normal police retirement age in the next financial year.
10. No Response to Compulsory Retirement Age Letter
10.1If no response within 28 days then the IRT will send a second letter informing that if still no response after a further 28 days then a paper review will be undertaken assuming earnings above National Average Earnings and therefore reduce to Band 1 as no loss of earnings capacity.
10.2If no response after 28 days thenthe case will be referred to the SMP for consideration and reduction of Banding. IRT will update spreadsheet and write to inform of new Degree of Disablement and the right to appeal.
10.3Forms returned to the IRT within 28 days, The IRT will arrange an appointment with the SMP for assessment and write to inform of the result of the consultation and the right to appeal. Any change in banding will be notified to Derbyshire County Council for adjustment of award.
10.4Pensions will recalculate and send letter to inform individual of changes and invite to direct queries regarding their payment to Derbyshire County Council, Corporate Finance.
10.5Any appeals are processed via Police Medical Appeal Board Procedures.
11. Response and earnings above NAE
11.1The IRT will write informing of comparator and implications regarding Banding and ask if an appointment with the SMP is required. If an appointment is requested, the IRT will arrange appointment date and refer to the SMP for consideration.
11.2If no further assessment is required, the IRT will refer to SMP to undertake a paper review.
12. Response – earnings below NAE
12.1The IRT will make arrangements for assessment with SMP.
13. Response – Cogent Reason
13.1IRT will collate such responses and report to the Head of HR/ACC (Support) for consideration of each case and to liaise with SMP where necessary.
14.If Cogent Reason Approved or Earnings Less than NAE and no change to Banding
14.1The IRT will update spreadsheet, inform pensions and inform individual that no change and confirm next review date.
15. If change to banding following SMP review
15.1The IRT will write to inform individual of changes and right to appeal and write to pensions to recalculate. Pensions inform individual of changes and invite to direct any queries regarding their payment to Derbyshire County Council, Corporate Finance.
15.2Any appeals received are processed via Police Medical Appeals procedure.
16. Failure to attend medical examination
16.1If the retired officer fails to attend the examination with good reason then another examination date will be arranged.
16.2If the retired officer fails to attend the examination without good reason then the case will be passed to the Head of HR and a decision will be taken based on the information that is available at the time.
This is likely to result in the guidance being applied and the banding amended accordingly.