# The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

S.I. 2018/262 · made 27 February 2018

These Regulations amend the Police (Injury Benefit) Regulations 2006 (S.I. 2006/932).

Made under: Police Pensions Act 1976 (Section 1)

PDFs: Printed copy https://openlegislation.uk/police-injury-benefit-amendment-england-and-wales-regulations-2018/pdf/uksi_20180262_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/police-injury-benefit-amendment-england-and-wales-regulations-2018/pdf/uksiem_20180262_en.pdf

## Introductory text

This Statutory Instrument has been made in consequence of defects in S.I. 2017/21 and is being issued free of charge to all known recipients of that Statutory Instrument.
Police, England And Wales
Public Service Pensions, England And Wales
Social Security, England And Wales
Made 27th February 2018
Laid before Parliament 2nd March 2018
Coming into force in accordance with regulation 1(2)
The Secretary of State, in exercise of the powers conferred by section 1(1)(a) and (2)(c) of the Police Pensions Act 1976, makes the following Regulations.
In accordance with section 1(1) of that Act, the Treasury have consented to the making of these Regulations and the Secretary of State has consulted with the Police Advisory Board for England and Wales . The Secretary of State has also invited the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland, in accordance with section 1(1ZB) of that Act.

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Police Injury Benefit (Amendment) (England and Wales) Regulations 2018.
(2) These Regulations come into force on 30th March 2018, but regulation 2 has effect from 10th February 2017.
(3) These Regulations extend to England and Wales.

## 2 Amendment to the Police (Injury Benefit) Regulations 2006

(1) Schedule 3 of the Police (Injury Benefit) Regulations 2006 is amended as follows.
(2) At the beginning of paragraph 7(3)(d) insert “subject to sub-paragraph (e), until the first day after his retirement which is not a day on which he has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act 2007”.
(3) After paragraph 7(3)(d) insert—
“(e) sub-paragraph (d) does not apply where—
(i) the amount of the injury pension has been reduced in respect of any week on account of incapacity benefit;
(ii) that reduction has ceased on the first day after the retirement of the person concerned which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 30A of the Social Security Contributions and Benefits Act 1992; and
(iii) the person concerned becomes entitled to employment and support allowance by virtue of a claim that was made on or after the date on which their entitlement to incapacity benefit has ceased.”.

## Signature

We consent to the making of these Regulations
Andrew Stephenson
David Rutley
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2018
Nick Hurd
Minister of State
Home Office
27th February 2018

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Police (Injury Benefit) Regulations 2006 (S.I. 2006/932).
The amendment to paragraph 7(3)(d) of Schedule 3 to those Regulations ensures that an injury pension is not reduced in respect of second or subsequent post retirement entitlements to employment and support allowance. New paragraph 7(3)(e) of Schedule 3 has the effect that there is no reduction in respect of employment and support allowance in circumstances where there has been a previous reduction of an individual’s injury pension on the basis of entitlement to incapacity benefit and post retirement the individual has a subsequent new entitlement to employment and support allowance.
Section 1(5) of the Police Pensions Act 1976 (c. 35) enables these Regulations to make retrospective provision and these amendments have effect from 10th February 2017.
A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

---
Source: https://www.legislation.gov.uk/uksi/2018/262 (the official version)
Page: https://openlegislation.uk/police-injury-benefit-amendment-england-and-wales-regulations-2018
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.