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Regulation 7 Awards under the Police (Injury Benefit) Regulations 2006

Original text. Later amendments are not shown.

(1)

This paragraph applies where—

(a)

a person would be entitled to receive, in respect of any particular period, payments on account of an award under the provisions of the Injury Benefit Regulations mentioned in regulation 6(3), and an award under the 1987 Regulations or the 2006 Regulations, in respect of the death of the same person, but for the prevention of duplication provisions; and

(b)

the entitlement of that person to each of those awards arose on or after 1st April 2006.

(2)

Where paragraph (1) applies, and an award is payable to such person under the 1987 Regulations or the 2006 Regulations, that award shall be payable out of the police pension fund.

(3)

Where paragraph (1) applies, and an award is payable to such person under the Injury Benefit Regulations, that award shall be payable in part out of the police pension fund and in part out of the police fund, in accordance with paragraphs (4) and (5).

(4)

The part of the award which is equal to the award to which such person would be entitled under the 1987 Regulations or the 2006 Regulations, but for the prevention of duplication provisions, shall be payable out of the police pension fund.

(5)

The remainder of the award shall be payable out of the police fund.

(6)

This regulation is without prejudice to the operation of the prevention of duplication provisions.

(7)

In this regulation “the prevention of duplication provisions” means regulation E7 of the 1987 Regulations, regulation 49 of the 2006 Regulations and regulation 27 of the Injury Benefit Regulations.

(8)

In relation to the period 1st to 5th April 2006, references in this regulation to—

(a)

the provisions of the Injury Benefit Regulations mentioned in regulation 6(3) shall be construed as references to the corresponding provisions of the 1987 Regulations mentioned in regulation 6(3);

(b)

an award under the 1987 Regulations shall be construed as references to an award under those Regulations, other than under the provisions of those Regulations mentioned in regulation 6(3); and

(c)

an award under the Injury Benefit Regulations shall be construed as references to an award under the provisions of the 1987 Regulations mentioned in regulation 6(3).