Regulation 8 Abatement in respect of damages or compensationF1I1
England, Wales and Scotland
The police authority shall take into account against any gratuity payable under these Regulations any damages or compensation which are recovered by any person in respect of the death or disability to which the gratuity relates and the gratuity may be withheld or reduced accordingly.
For the purposes of this Regulation—
a person shall be deemed to have recovered damages—
whether they are paid in pursuance of a judgment or order of the court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce the claim; or
if they are recovered for that person’s benefit in respect of a claim under the Fatal Accidents Act 1976f1;
“compensation” does not include an award of compensation made to a person by the Criminal Injuries Compensation Board if the amount of the award was reduced by the amount of any gratuity paid or payable to him under these Regulations.
Without prejudice to paragraph (1), where any payment in respect of a gratuity under these Regulations is made to a person and that person subsequently recovers any damages or compensation in respect of the death or disability to which the gratuity relates, the police authority shall be entitled to recover from that person an amount not exceeding—
where the amount of the payment made by the police authority is less than the net amount of the damages or compensation, the amount of that payment;
where the amount of that payment is not less than the net amount of the damages or compensation, an amount equal to the net amount of the damages or compensation.
So far as any amount recoverable under this Regulation represents a payment made by the police authority from which income tax has been deducted before the payment, the proper allowance shall be made in respect of the amount so deducted; and, in this Regulation, “the net amount”, in relation to damages or compensation recovered by any person, means the amount of the damages or compensation after deducting tax payable in the United Kingdom or elsewhere to which the damages or compensation are subject.
No proceedings shall be brought to recover any amount paid in respect of a gratuity under this Regulation—
after the death of the person to whom the payment was made, or
after the expiration of 2 years from the date on which the final determination of the amount of the damages or compensation first came to the knowledge of the police authority.
Annotations
Textual amendments
- F1
Regulations revoked (S.) (with effect from 6.4.2006) by The Police (Injury Benefit) (Scotland) Regulations 2007 (S.S.I. 2007/68), reg. 1(1), sch. 2 Pt. 3 (with reg. 9)
Commencement
Footnotes
- f1