Regulation A12 Disablement

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg A12 am by Police Pensions 2009 reg 2, sch 1
reg. A12(1A) inserted by Police Pensions 2003 Sch. 1 para. 1(1)
reg. A12(2) words substituted by Police Pensions 2003 Sch. 1 para. 1(2)
reg. A12(5) inserted by Police Pensions 2003 Sch. 1 para. 1(3)
reg. A12(2A) substituted by Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) 2013 Sch. para. 3
reg. A12(2) words omitted by Police Pensions 2014 reg. 3
reg. A12(2) words omitted by Police (Injury Benefit) 2007 Sch. 2 Pt. 1 para. 3
reg. A12(2) words inserted by Police Pensions 2011 Sch. 1 para. 3(2)
reg. A12(2A) inserted by Police Pensions 2011 Sch. 1 para. 3(3)
reg. A12(2) words omitted by Police Pensions 2016 reg. 4

(1)

A reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.

(2)

Subject to paragraph (3), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a male or female member of the force, as the case may be, except that, in relation to a child or the widower of a member of a police force, it means inability, occasioned as aforesaid, to earn a living.

(3)

Where it is necessary to determine the degree of a person’s disablement it shall be determined by reference to the degree to which his earning capacity has been affected as a result of an injury received without his own default in the execution of his duty as a member of a police force:

Provided that a person shall be deemed to be totally disabled if, as a result of such an injury, he is receiving treatment as an in-patient at a hospital.

(4)

Where a person has retired before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made known to the police authority.