POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006

• (3) On the death of the beneficiary to whom a sum is due on account of an award which does not exceed £5,000 or such higher amount as may from time to time be prescribed for the purposes of section 6 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967¹⁵, the Board may, without probate, confirmation or any other formality or proof of title, pay the said sum to the persons appearing to the Board to be beneficially entitled to the personal estate of the deceased or, as the Board thinks fit, pay the said sum to one or more of those persons or distribute it among all or any of those persons in such proportions as the Board may determine.

• (4) Where it appears to the Board that the beneficiary is by reason of mental disorder or otherwise incapable of managing his affairs, in lieu of paying any sum on account of an award to that beneficiary—

• (a) it may, in its discretion, pay it in whole or in part to a person having the care of the beneficiary or such other person as it may determine, and

• (b) in so far as it does not so discharge its liability in respect thereof, the Board shall apply it in such manner as it thinks fit for the benefit of the beneficiary or his dependants.

A person who receives any sum in pursuance of sub-paragraph (a) shall, subject to and in accordance with any directions of the Board, apply the said sum for the benefit of the beneficiary or his dependants.

• (5) Where, as a result of any fraud, theft or negligence on the part of a police officer in connection with his service as such, a loss has occurred to the fund out of which an award is payable to him under these regulations, in lieu of paying the whole or any part of any sum on account of the award to that beneficiary, the Board may, if it thinks fit but subject to paragraph (6), apply it in making good the loss by retaining it in that fund:

Provided that the aggregate amount retained in pursuance of this paragraph shall not exceed whichever is the lesser of the following amounts, namely—

• (a) the amount which is the actuarial value, at the time of the first retention, of the sums then or prospectively due to the police officer on account of the award, and

• (b) the amount of the said loss,

and, in the event of any dispute as to the amount of that loss, the power conferred by this paragraph shall not be exercisable save to the extent of any sum adjudged due to the Board by an order of a competent court.

• (6) Where the Board exercises the power conferred by paragraph (5) it shall furnish the police officer concerned with a certificate showing the amount retained and the effect on the award.

• (7) The Board shall obtain a good discharge by paying or applying any sum in the manner provided by this regulation.

PART 7 — POLICE SERVICE OF NORTHERN IRELAND RESERVE

Members of the Police Service Northern Ireland Reserve

42

• (1) Subject to paragraph (2) these Regulations shall apply to members of the Police Service of Northern Ireland Reserve.

• (2) Unless the context otherwise requires, in these Regulations a reference to:

• (a) a police officer shall be read as a reference to a person who is a member of the Police Service of Northern Ireland Reserve as defined in section 1(3) of the 2000 Act;

• (b) the Police Service, and service shall be read as references to the Police Service of Northern Ireland Reserve;

• (c) the 1988 Regulations shall be read as a reference to those Regulations as applied to the Police Service of Northern Ireland Reserve by the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 2004¹⁶.

SCHEDULE 1 — GLOSSARY OF EXPRESSIONS

In these Regulations, unless the context otherwise requires, the following expressions shall be construed as follows —

• “the 1988 Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988;

• “the 1988 scheme” means the scheme set out in the 1988 Regulations;

• “1988 transition member” has the meaning given in paragraph 1 of Schedule 4 to the 2015 Regulations;

• “the 2000 Act” means the Police (Northern Ireland) Act 2000¹⁷;

• “the 2007 Regulations” means the Police Service of Northern Ireland Pensions Regulations 2007;

• “the 2009 Regulations” means the Police Pension (Northern Ireland) Regulations 2009

• “the 2006 scheme” means the scheme set out in the 2009 Regulations;

• “2006 transition member” has the meaning given in paragraph 1 of Schedule 4 to the 2015 Regulations;

• “the 2015 Regulations” means the Police Pensions Regulations (Northern Ireland) 2015;

• “the 2015 scheme” means the scheme set out in “the 2015 Regulations”;

• “aggregate pension contributions”, for the purpose of calculating an award, has the meaning assigned to it by regulation 3(4) or 3A(8), as the case may be;

• “average pensionable pay” has the meaning assigned to it by regulation 3(2) or 3A(2)(b), as the case may be;

• “the Board” means the Northern Ireland Policing Board as established by section 2 of the 2000 Act;

• “child” means (without regard to age) legitimate or illegitimate child, step-child or adopted child and any other child who is substantially dependent on the police officer concerned and either is related to him or is the child of his spouse or civil partner; and “parent” shall be construed accordingly;

• “disablement” and cognate expressions have the meanings assigned to them by regulation 6 or 6A, as the case may be;

• “duly qualified medical practitioner” means a registered medical practitioner who holds–the minimum of Associate of the Faculty of the Occupational Medicine or the Equivalent EEA or Swiss qualification; orany other equivalent qualification acceptable to the Board; anda current registration with the General Medical Council or equivalent regulatory body in the EEA or Switzerland; oran equivalent registration with an appropriate regulatory body in relation to their equivalent qualification;

• “Guidance to Medical Practitioner on Injury on Duty Awards to SMPs and IMRs” means the guidance provided by the Board to duly qualified medical practitioners when considering eligibility for an Injury on Duty Award;

• ...

• “husband” includes wife;

• “Independent Medical Referee” (“IMR”) means a duly qualified medical practitioner appointed by the Department of Justice under regulation 30(2);

• “infirmity” has the meaning assigned to it by regulation 6;

• “injury” includes any injury or disease, whether of body or of mind;

• “injury received in the execution of duty” has the meaning assigned to it by regulation 5 and “the result of an injury” shall be construed in accordance with regulation 7;

• “medical referee” has the meaning assigned to it by regulation H2(3) of the 1988 Regulations;

• “Northern Ireland Criminal Injuries Compensation Scheme” means the scheme referred to in Article 3 of the Criminal Injuries Compensation (Northern Ireland) Order 2002¹⁸.

• ...

• “pensionable pay” has the meaning assigned to it by regulation 3(1) or regulation 3A(2)(a), as the case maybe;

• “the Pensions (Increase) Acts” means the Pensions (Increase) Act 1971¹⁹ and the Pensions (Increase) Act 1974²⁰;

• “period of eligible service under the 2015 scheme” in relation to a member of that scheme ,means a period in which the member is in eligible service as defined in regulation 18 of the 2015 Regulations other than a period in which the member is on —a career break as defined in regulation 2 of those Regulations ;orany other period of unpaid leave mentioned in regulation 18(3)(b) of those Regulations;

• “period of pensionable service under the 2015 scheme”, in relation to a member of that scheme, means the total of —any period of pensionable pay as defined in section 34 of the Public Service Pensions Act (Northern Ireland) 2014;any period of assumed pay as defined in regulation 31(2) of the 2015 Regulations; andany period of eligible service under the 2015 scheme in respect of which the member has opted out of that scheme

• “police officer” means a person who is:a constable of the Police Service of Northern Ireland as defined in section 1(2) of the 2000 Act; ora Police Service of Northern Ireland trainee as defined in section 36(3) of the 2000 Act; or... ...

• “public holiday” means—New Year’s Day, St Patrick’s Day, 29th April 2011, first Monday in May , second Monday in May and last Monday in May , 2nd and 3rd June, 12th July, last Monday in August, 19th September, Christmas Day and 26th December; and(in addition) in any year where New Year’s Day, Christmas Day or 26th December falls on a Saturday or Sunday, any substitute day;

• “the Scheme actuary” means the actuary for the time being appointed by the Secretary of State to provide a consulting service on actuarial matters relevant to these Regulations;

• “Selected Medical Practitioner” (“SMP”) means a duly qualified medical practitioner selected by the Board or Chief Constable of the Police Service of Northern Ireland under regulation 29(2).

• ...

• “step-child” includes a person who is the child of the civil partner of the police officer concerned, but is not the child of that police officer;

• “totally disabled “has the meaning given in regulation 6(6);

• “transition member with continuity of service” means—a 1988 transition member with continuity of service within the meaning of paragraph 4 of Schedule 4 to the 2015 Regulations; ora 2006 transition member with continuity of service within the meaning of paragraph 5 of that Schedule.

• “widow” includes widower;

• “wife” includes husband.

SCHEDULE 2

PART 1 — AMENDMENTS OF THE 1988 REGULATIONS

1

In regulation A7 (persons treated as being in receipt of a pension)—

• (a) for the words “, ill-health or as the case may be, injury” there are substituted the words “or as the case may be, ill-health”; and

• (b) paragraph (c) is omitted.

2

In regulation B5(2)(b) (member’s deferred pension) there are inserted at the end the words “or to an award under regulation 10 of the Injury Benefit Regulations ”.

3

In regulation B6(1)(b) (award by way of repayment of aggregate pension contributions) after the words “this Part” there are inserted the words “or to an award under regulation 10 of the Injury Benefit Regulations”.

4

In regulation B7(8)(b) (commutation - general provision) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

5

In regulation B8 (commutation – small pensions) —

• (a) in paragraph (1) after the words “together with” there are inserted the words “any injury pension to which he is entitled under regulation 10 of the Injury Benefit Regulations,”; and

• (b) in paragraph (3) after the words “one pension” there are inserted the words “(including an injury pension under regulation 10 of the Injury Benefit Regulations)”.

6

In regulation C1(1)(b) (widow’s ordinary pension) for the words “and an injury pension” there are substituted the words “pension under regulation B3 and an injury pension under regulation 10 of the Injury Benefit Regulations”.

7

In regulation C5(2) (limitation on award to widow) the words “, C2” are omitted.

8

In regulation C6 (widow’s requisite benefit and temporary pension)—

• (a) in paragraph (1) for the words “,C2(1) or C4(1)” there are substituted the words “ or C4(1) or not entitled to an adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”;

• (b) in paragraph (2) after the words “an injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”; and

• (c) in paragraph (4)(b) for the words following the words “such a pension” there are substituted the words “under regulation 10 of the Injury Benefit Regulations but for his entitlement to additional benefit within the meaning of paragraph 7(3) of Schedule 3 to those Regulations and, where he is, or is so treated as being, in receipt of such a pension, the provisions of paragraph 7(3) shall be disregarded in determining the weekly amount of that pension.”.

9

In regulation C7(1) (widow’s award where no other award payable)—

• (a) the words “,C2” are omitted; and

• (b) after the word “applies” there are inserted the words “and who has no entitlement to a adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”.

10

In regulation D1(b) (child’s ordinary allowance) for the words “ill-health and an injury pension” there are substituted the words “ill-health pension under regulation B3 and an injury pension under regulation 10 of the Injury Benefit Regulations”.

11

In regulation D5 (child’s allowance - limitations)—

• (a) in paragraph (1) the words “or gratuity” and “and “a special gratuity”” are omitted;

• (b) paragraph (7) is omitted;

• (c) in paragraph (8) for the words “,(5) and (7)” there are substituted the words “and (5)”; and

• (d) in paragraph (9) the words “or special gratuity” are omitted.

12

In regulation E3 (gratuity - estate)—

• (a) in paragraph (2)(a) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”;

• (b) in paragraph (2)(c) after the word “including” there are inserted the words “any such pension or allowance granted under the Injury Benefit Regulations and”; and

• (c) in paragraph (2)(d) there are inserted at the end the words “(including any such gratuity granted under the Injury Benefit Regulations)”.

13

In regulation E4(6) (gratuity in lieu of widow’s pension) the words “or special” in both places where they appear are omitted.

14

In regulation E7 (prevention of duplication)—

• (a) in paragraph (1)(a) after the words “Part C” there are inserted the words “of these Regulations or under regulation 12 of the Injury Benefit Regulations”, and

• (b) in paragraph (1)(b) for the words “or an adult dependent relative’s pension under regulation E1” there are substituted the words “or a child’s special allowance under regulation 16 of the Injury Benefit Regulations or an adult dependent relative’s special pension under regulation 19 of the said Regulations”.

15

In regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)—

• (a) in paragraph (1) the word “, special” in both places where it appears is omitted;

• (b) in paragraph (2)(i) for the words from “paragraph 4” to “member’s” there are substituted “paragraph 7(3) of Schedule 3 to the Injury Benefit Regulations (police officer’s”; and

• (c) in paragraph (2)(ii) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

16

In regulation G1(5)(a) (pensionable and average pensionable pay) the words from “regulation B4” to “augmented award)” and the words from “D2” to “special pension)” are omitted.

17

In regulation H1(2) (reference of medical questions), the words from “and, if they are further considering” onwards are omitted.

18

In regulation J1(guaranteed minimum pension)—

• (a) in paragraph (2)(b) after the words “Part B” there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations”;

• (b) in paragraph (2)(c)(ii) after the words “Part B” there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations” and after the words “regulation K4” there are inserted the words “ or, as the case may be, regulation 37 of the Injury Benefit Regulations”;

• (c) in paragraph (3) after the words “Part B” in the first place where they appear there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations”;

• (d) in paragraph (3)(a) the words “other than an injury pension” are omitted and for the words “and some other” there are substituted the words “under regulation 10 of the Injury Benefit Regulations and a”;

• (e) in paragraph (3)(b) the words “, in the case of a pension other than an injury pension,” are omitted;

• (f) in paragraph (4)(a) after the words “Part C” there are inserted the words “or an adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”;

• (g) in paragraph (4A)(a) the words from “under regulation E1(3)” to “regulation E1(1)(c) or” are omitted and after the words “Part C” there are inserted the words “or under regulation 19 of the Injury Benefit Regulations (adult dependent relative’s special pension) by virtue of paragraph (1)(c) of the said regulation”;

• (h) in paragraph (5) after the words “Part C” in the first place where they appear there are inserted the words “or a special pension under regulation 12 of the Injury Benefit Regulations” and after the words “Part C” in the second place where they appear there are inserted the words “or such a special pension as aforesaid”;

• (i) in paragraph (5A) for the words “E1(3) by virtue of regulation E1(1)(c)” there are substituted the words “19 of the Injury Benefit Regulations by virtue of paragraph (1)(c) of that regulation”; and

• (j) in paragraph (6)(c) the words “or under regulation E1” are omitted.

19

In regulation K1(cancellation of pensions)—

• (a) at the heading the words “and injury” are omitted; and

• (b) in paragraph (4) the letter “(a)” which precedes sub-paragraph (a), the word “and” which follows that sub-paragraph and sub-paragraph (b) are omitted.

20

In regulation K3 (reduction of pension in case of default) the words “or injury” are omitted.

21

In regulation K4(1)(withdrawal of pension during service as a policeman) the words “or under regulation E1 (adult dependent relative’s special pension)” are omitted.

22

In regulation K5(1) (forfeiture of pension) the words “or under regulation E1 (adult dependent relative’s special pension)” are omitted.

23

In regulation L2 (payment and duration of awards)—

• (a) paragraph (1)(b) is omitted;

• (b) in paragraph (2)(ii) the words “other than an injury gratuity under regulation B4” are omitted;

• (c) paragraph (3)(d) is omitted.

24

In Schedule A (glossary of expressions) there is inserted at the appropriate place the following definition—

• “the Injury Benefit Regulations” means the Police Service of Northern Ireland (Injury Benefit) Regulations 2006”.

25

In paragraph 1(2)(b) of Part I of Schedule C (widow’s ordinary pension) for the words “ill-health and an injury pension” there are inserted the words “an ill-health pension under Part B and an injury pension under regulation 10 of the Injury Benefit Regulations”.

26

In paragraph 1 of Part IV of Schedule C (widow’s pension in case of post-retirement marriage)—

• (a) for the words “or special award under regulation C1 or C2” there are substituted the words “under regulation C1”, and

• (b) sub-paragraph (c) and the word “and” immediately preceding it are omitted.

27

In paragraph 1 of Part I of Schedule D (child’s ordinary allowance)—

• (a) in sub-paragraph (4) for the words “,ill-health or injury pension” there are substituted the words “or ill-health pension or an injury pension under regulation 10 of the Injury Benefit Regulations”; and

• (b) in sub-paragraph (5) after the words “ill-health pension” there are inserted the words “under Part B” and after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

28

In paragraph 3(1)(b) of Part I of Schedule D (child’s ordinary allowance) for the words “ill-health and an injury pension” there are inserted the words “an ill-health pension under Part B and an injury pension under regulation 10 of the Injury Benefit Regulations”.

29

In paragraph 6(1C)(j) of Part IV of Schedule J (pensionable service), the words “and injury” are omitted.

30

In paragraph 4(4) of Part VI of Schedule J (pensionable pay and contributions etc.), paragraphs (a), (b), (f), (i) and (j) are omitted.

PART 2 — REVOCATIONS

Title	Reference	Extent of revocation
The Royal Ulster Constabulary	S.R. 1988 No. 374	Regulation A10
Pensions Regulations 1988		In regulation A11(2), the words “Subject to paragraph (3)”
		Regulation A12
		Regulation B4
		Regulation C2
		Regulation C3
		Regulation D2
		Regulation D3
		Regulation E1
		Regulation K2
		In Schedule A, the definitions of the expressions “injury”, “injury received in the execution of duty” and “the result of an injury”
		Part V of Schedule B
		Part II of Schedule C
		Part II of Schedule D
		Part I of Schedule E
		In Schedule J, paragraphs 5 and 6 of Part I, paragraph 6 of Part II and paragraph 1 of Part VII
The Royal Ulster Constabulary (Injury Benefit) Regulations 1988	S.R. 1988 No. 376	The whole regulations
The Police Service of Northern Ireland Pensions (Amendment) Regulations 2006	S.R. 2006 No.123	Paragraph 6 of Schedule 1

SCHEDULE 3 — POLICE OFFICER’S INJURY AWARD

1

A gratuity under regulation 10 shall be calculated by reference to the person’s degree of disablement and his average pensionable pay and shall be—

• (a) in the case of a police officer all of whose service by virtue of which his pensionable service is reckonable was full-time, the amount specified as appropriate to his degree of disablement in column (2) of the Table in paragraph 3, and

• (b) in the case of a police officer who is not eligible to be a member of the 2015 scheme other than as a transition member with continuity of service, any of whose service by virtue of which his pensionable service is reckonable was part-time, the amount given by the formula—

$GxRQ$

where—

• (c) in the case of a police officer who is eligible to be a member of the 2015 scheme but who is not eligible to be a transition member with continuity of service, any of those service by virtue of which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount;

• (d) in sub-paragraph (c) the appropriate proportion is calculated as follows—

• (i) Step 1: For each year of pensionable service, divide he officer’s pensionable pat received by the full-time equivalent pay,

• (ii) Step 2: For any part year of pensionable service ,divide the officer’s pensionable pay received by the pensionable pay equivalent to the full-time pensionable pay that an officer would have received for working the same part of the year in question,

• (iii) Step 3: Add the sums obtained in Steps 1 and 2,

• (iv) Step 4: Divide the total obtained in Step 3 by the number of years of pensionable service involved;

• (e) in sub-paragraph (d)—

• (i) the reference to “ full-time equivalent pensionable pay” in Steps 1 and 2 is to be read as a reference to “ pensionable pay” for any year or part year in which the officers pensionable service was full-time, and

• (ii) “pensionable service” means a period of pensionable service under the 2015 scheme;

2

If in a case where any of the police officer’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the gratuity calculated in accordance with paragraph 1 would be less than it would have been if the person had become entitled to receive the gratuity at an earlier date, then that amount shall be substituted for it.

3

An injury pension shall be calculated by reference to the person’s degree of disablement, his average pensionable pay and the period in years of his pensionable service, and, subject to the following paragraphs, shall be—

• (a) in the case of a police officer all of whose service by virtue of which his pensionable service is reckonable was full-time, of the amount of his minimum income guarantee specified as appropriate to his degree of disablement in column (3), (4), (5) or (6) of the following Table, and

• (b) in the case of a police officer who is not a member of the 2015 scheme any of whose service by virtue of which his pensionable service is reckonable was part-time, of the amount given by the formula—

$MxRQ$

where—

• (c) in the case of a police officer who is eligible to be a member of the 2015 scheme, but who is not eligible to be a transition member with continuity of service any of whose service by which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount that the officer’s minimum income guarantee would be if all the service were full time service by the appropriate proportion calculated in accordance with paragraph 1(d).

Degree of disablement	Gratuity expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay	Minimum income guarantee expressed as % of average pensionable pay
		Less than 5 years’ service	5 or more but less than 15 years’ service	15 or more but less than 25 years’ service.	25 or more years’ service.
(1)	(2)	(3)	(4)	(5)	(6)
25% or less(slight disablement)	12.5%	15%	30%	45%	60%
More than 25% but notmore than 50% (minor disablement)	25%	40%	50%	60%	70%
More than 50% but not more than 75% (major disablement)	37.5%	65%	70%	75%	80%
More than 75% (very severe disablement)	50%	85%	85%	85%	85%

4

If in a case where any of the police officer’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with paragraph 3 would be less than it would have been if the person had become entitled to receive the pension at an earlier date, then that amount shall be substituted for it.

5

In paragraphs 2, 3 and 4, references to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations , regulation 7(1) of the 2009 Regulations or regulation 27 of the 2015 Regulations or regulation 7(1) of the 2007 Regulations be construed as references to the service which would have been reckonable by him if he had not made such an election.

6

• (1) The amount of an injury pension, calculated as aforesaid, shall be reduced, where the person concerned received the relevant injury (within the meaning of regulation 10) during a period of service as a police officer, by three-quarters of any other pension calculated by reference to Schedule B to the 1988 Regulations , Part 4 of the 2009 Regulations or, as the case may be, Part 7 of the 2015 Regulations or, as the case may be, Part 4 of the 2007 Regulations.

• (2) For the purposes of sub-paragraph (1), such other pension as is there mentioned which is reduced—

• (a) in accordance with the provisions of regulation B7 or B9 (commutation and allocation) of the 1988 Regulations;

• (b) in accordance with the provisions of Part VIII of Schedule B (reduction related to up-rating of widow’s pension) to the 1988 Regulations or, as the case may be, regulation 35 of the 2009 Regulations or, as the case may be, regulation 35 of the 2007 Regulations; ...

• (ba) in accordance with regulation 122 of the 2015 Regulations (option to commute part of pensions); or

• (c) by virtue of a pension debit,

shall be deemed not to have been so reduced.

• (3) In the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations , regulation 7(1) of the 2009 Regulations or, as the case may be, regulation 27 of the 2015 Regulations; or, as the case may be, regulation 7(1) of the 2007 Regulations, sub-paragraph (1) shall have effect as if for the reference to three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service there were substituted a reference to the amount of any other pension which would have been so calculated had he not made such an election.

7

• (1) The amount of the injury pension in respect of any week, calculated as aforesaid, shall be reduced on account of any such additional benefit as is mentioned in sub-paragraph (3) to which the person concerned is entitled in respect of the same week and, subject to sub-paragraph (2), the said reduction shall be of an amount equal to that of the additional benefit or, in the case of a benefit mentioned in sub-paragraph (3)(a) or (b), of so much thereof as is there mentioned.

• (2) Where the provisions governing scales of additional benefits have changed after the person concerned ceased to be a police officer, the amount of the reduction in respect of any week on account of a particular benefit shall not exceed the amount which would have been the amount thereof in respect of that week had those provisions not changed, it being assumed, in the case of such benefit as is mentioned in sub-paragraph (3)(a)(ii), that it would have borne the same relationship to the former maximum amount thereof.

• (3) The following benefits are the additional benefits referred to in this paragraph—

• (a) any industrial injuries benefit under section 94 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992²¹ in respect of the relevant injury or so much of any such pension as relates to that injury (referred to in this sub-paragraph as the relevant part of the pension), together with—

• (i) any increase in such pension by way of unemployability supplement under Part 1 of Schedule 7 to that Act or so much of any such increase as is proportionate to the relevant part of that pension so, however, that where the person concerned is entitled to an unemployability supplement which is increased under Part 1 of the said Schedule, the unemployability supplement shall be deemed not to have been so increased,

• (ii) any increase in such pension under section 94 of that Act (reduced earnings allowance) or so much of any such increase as is proportionate to the relevant part of that pension, and

• (iii) so long as the person concerned is receiving treatment as an in-patient at a hospital as a result of the relevant injury, any increase in such pension under Part 3 of Schedule 7 to that Act (hospital treatments);

• (b) any reduced earnings allowance under section 94 of that Act in respect of the relevant injury or so much of any such allowance as relates to that injury;

• (c) until the first day after his retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 30A, or, as the case may be, a day on which he is incapable of work within the meaning of sections 68 and 69, of that Act—

• (i) any incapacity benefit under section 30A of that Act,

• (ii) any severe disablement allowance under sections 68 and 69, including, in each case, any increase under any provision of Part 4 of that Act (dependants).

• (d) subject to 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 9(4) of the Welfare Reform Act (Northern Ireland) 2007, any employment and support allowance under sections 1(2)(a) or 1B of that Act.

• (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 deemed not to be a day of incapacity for work within the meaning of section 30A of the Social Security Contributions and Benefits (Northern Ireland) 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 entitlement to incapacity benefit has ceased.

• (4) Where a person has become entitled to a disablement gratuity under Part 2 of Schedule 7 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in respect of the relevant injury, this paragraph shall have effect as if he were entitled during the relevant period to a disablement pension of such amount as would be produced by converting the gratuity into an annuity for the said period.

In this sub-paragraph the expression “the relevant period” means the period taken into account, in accordance with section 94 of that Act, for the purpose of making the assessment by reference to which the gratuity became payable.

8

No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 6 and 7 exceed the amount of the pension calculated in accordance with paragraph 3.

9

In a case where—

• (a) a former police officer was in part-time service before the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006²² came into operation, and

• (b) the amount of his award calculated in accordance with this Schedule would be less than it would have been if those Regulations had not been made,

then the award shall be of that amount instead.

SCHEDULE 4 — REDUCTION IN CHILD’S SPECIAL ALLOWANCE DURINGFULL-TIME REMUNERATED TRAINING ETC

1

• (1) In this Schedule—

• “relevant child” means, subject to sub-paragraph (2), a child entitled to a special allowance who is—in full-time training for a trade, profession or calling, andin receipt of remuneration in respect of that training at an annual rate in excess of the specified rate;

• “specified rate” means a sum equivalent to the annual rate (rounded up to the nearest £1) of the standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016 as uprated from time to time in accordance with an order under section 132(1) of the Social Security Administration (Northern Ireland) Act 1992²³;

• “excess remuneration” means the annual amount by which the annual rate of the relevant child’s remuneration exceeds the specified rate;

• “relevant provision” means regulation 16(4) or regulation 16(6).

• (2) A child shall not be a relevant child for the purposes of this Schedule if and in so far as his allowance falls to be increased in accordance with regulation 27 (increase during first 13 weeks).

2

In the case of any relevant child—

• (a) if the annual amount of the special allowance is greater than the amount of his excess remuneration, it shall be reduced by the amount of that excess remuneration, or

• (b) if the amount of that excess remuneration is equal to or greater than the annual amount of the allowance which, but for this sub-paragraph, would be payable to him, the allowance shall not be payable.

3

• (1) Where as well as any relevant child there are other children to whom special allowances are payable in respect of the death of the same person and either of the relevant provisions applies, the special allowances payable to those other children (“the other special allowances”) shall be increased as provided in this paragraph.

• (2) If paragraph 2(a) applies in the case of any relevant child, then, without prejudice to sub-paragraph (3), the annual amount of each of the other special allowances shall be increased by an amount equal to his excess remuneration divided by the number of other special allowances.

• (3) If paragraph 2(b) applies in the case of any relevant child, then, without prejudice to sub-paragraph (2), each of the other special allowances shall be recalculated as if the relevant child were not entitled to a special allowance.

• (4) Notwithstanding the provisions of sub-paragraphs (2) and (3), no child shall by virtue of these provisions receive a special allowance greater than that to which he would be entitled if no relevant provision applied in his case.

SCHEDULE 5 — DEPENDENT RELATIVE’S SPECIAL PENSION

1

Subject to paragraphs 2, 3 and 4, a dependent relative’s special pension shall be of a weekly amount equal to 45% of the average pensionable pay for a week of the member in respect of whose death it was granted (“the deceased”).

2

In respect of any week in respect of which there are payable in respect of the deceased’s death both—

• (a) a widow’s special pension or, where the deceased was a married woman or a woman in a civil partnership, a dependent relative’s special pension granted to her surviving spouse or surviving civil partner, and

• (b) a dependent relative’s special pension other than, where the deceased was a married woman or a woman in a civil partnership, one granted as aforesaid,

the dependent relative’s special pension mentioned in sub-paragraph (b) shall not be of the amount mentioned in paragraph 1 but, subject to paragraphs 3 and 4, of an amount equal to 20% of the deceased’s average pensionable pay for a week.

3

The amount of a dependent relative’s special pension determined in accordance with paragraph 1 or 2 shall be increased in accordance with regulation 28 (increase by reference to the Pensions (Increase) Acts).

4

• (1) Where in respect of any week the aggregate amount of—

• (a) any widow’s special pension, and

• (b) any child’s special allowance,

payable in respect of the deceased’s death equals or exceeds the amount of the deceased’s average pensionable pay for a week, no dependent relative’s special pension shall be payable in respect of that week.

• (2) Where in respect of any week the aggregate amount of—

• (a) any widow’s special pension,

• (b) any child’s special allowance, and

• (c) any dependent relative’s special pension,

payable in respect of the deceased’s death would exceed the amount of the deceased’s average pensionable pay for a week, the dependent relative’s pension shall be reduced by such factor as will ensure that that aggregate does not exceed that amount.

• (3) For the purposes of this paragraph any increase in a pension or allowance in accordance with regulation 28 (increase by reference to the Pensions (Increase) Acts) shall be ignored.

SCHEDULE 6 — MEDICAL APPEALS

1

Every notice of appeal under regulation 30(1) and statement of grounds under regulation 30(2) shall be in writing.

2

On receiving a notice of appeal against a report and certificate issued under regulation 29 and the appellant’s statement of grounds for appeal, the Board, unless regulation 31(2) applies, shall forward to the Secretary of State two copies of those documents and all other documents determined as necessary by the Secretary of State.

3

• (1) The independent medical referee shall appoint a time and place for hearing the appeal, at which he may interview or examine the appellant, and for any such further hearings as he may consider necessary and shall give reasonable notice thereof to the appellant and Board.

• (2) The Board and the appellant shall, before the date appointed for the hearing inform the Secretary of State whether they intend to be represented at the hearing.

4

• (1) Where either party to the appeal intends to submit written evidence or a written statement at a hearing arranged under paragraph 3 that party shall submit it to the Secretary of State and the other party before the date appointed for the hearing.

• (2) The independent medical referee may postpone or adjourn the date appointed for the hearing where it appears necessary to do so for the proper determination of the appeal.

5

• (1) Any hearing (including any examination) may be attended by—

• (a) the selected medical practitioner; and

• (b) a duly qualified medical practitioner appointed for the purpose by the appellant,

although they may only observe any examination.

• (2) If the selected medical practitioner does not attend any examination then a duly qualified medical practitioner appointed for that purpose by the Board may attend the examination as an observer.

• (3) If any hearing includes an examination then only medical practitioners may be present for that part of the hearing.

6

The independent medical referee shall supply the Secretary of State with a written statement of his decision. Where the independent medical referee disagrees with any part of the selected medical practitioner’s report, the independent medical referee shall supply a revised report and certificate, which shall be final.

7

• (1) There shall be paid to the independent medical referee—

• (a) such fees as are determined in accordance with arrangements made by the Secretary of State; or

• (b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine.

• (2) Any fees and allowances payable to the independent medical referee under sub-paragraph (1) shall, subject to paragraph 8(5), be paid by the Board and shall be treated as part of the expenses of the Board for the purposes of this Schedule.

8

• (1) Save as provided in this paragraph, the expenses of each party to the appeal shall be borne by that party.

• (2) Where a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the Board less than 11 days before the hearing (excluding weekends and public holidays) the independent medical referee shall require the Board to pay to the appellant any expenses actually and reasonably incurred by him in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing as the case may be.

• (3) Where the independent medical referee determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant, less than 11 days before the hearing (excluding weekends and public holidays) the Board may, subject to sub-paragraph (4), require the appellant to pay towards the cost of the cancellation, adjournment or postponement as the case may be, such sum not exceeding the total costs of the cancellation, adjournment or postponement as the case may be as the Board thinks fit.

• (4) If the independent medical referee, after taking account of any representations from either party, decides that the cancellation, adjournment or postponement as the case may be was not due to any fault on the part of the appellant and the appellant should not pay towards the cost of the cancellation, adjournment or postponement as the case may be, he shall state that this is the case and the Board shall not require the payment of any such costs.

• (5) Where the independent medical referee decides in favour of the Board and reports that in his opinion the appeal was frivolous or vexatious, the Board may, subject to sub-paragraph (6), require the appellant to pay towards the cost of the appeal such sum not exceeding the independent medical referee’s total fees and allowances as the Board thinks fit.

• (6) If the independent medical referee, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal, it shall state that this is the case and the Board shall not require the payment of any such costs.

• (7) Where the independent medical referee decides in favour of the appellant, the Board shall refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any such hearing as is mentioned in paragraph 3.

Signed

Peter Hain — One of Her Majesty’s Principal Secretaries of State — 26th May 2006

We consent to the making of these Regulations

Frank Roy — Dave Watts — Two of the Lords Commissioners of Her Majesty’s Treasury — 20th June 2006

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for payments to police officers who are permanently disabled as a result of an injury received without their own default in the execution of duty as a police officer or, where death results from such an injury, to surviving spouses or civil partners, children or other dependent relatives of the deceased member. The Regulations revoke and re-enact provisions for that purpose in the Royal Ulster Constabulary Pensions Regulations 1988 (“the 1988 Regulations”) and the Royal Ulster Constabulary (Injury Benefit) Regulations 1988, and establish a scheme which is distinct from the provisions of the 1988 Regulations, which continue in operation in relation to contributory pensions payable to members or to others in relation to deceased members. These Regulations are applied to the Police Service of Northern Ireland Reserve (regulation 42).

Part 1 contains general provisions, including definitions of “injury received in the execution of duty” and “disablement” (regulations 5 and 6). Part 1 contains general provisions, including definitions of “injury received in the execution of duty” and “disablement” (regulations 6 and 7). Regulation 1(1) provides that the Regulations have retrospective effect to 6th April 2006, which is the date on which a new tax regime for registered pension schemes – introduced by the Finance Act 2004 – comes into effect. Retrospective effect is permitted by Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972.

Part 2, with Schedules 3 to 5, makes provision for the awards payable on injury or death, with supplementary provision in Part 3; and Part 5 governs the circumstances in which an award may be revised, withdrawn or forfeited. Part 4 and Schedule 6 provide procedures for the determination of medical questions which arise. Part 6 contains provision in respect of the payment of awards. Schedule 2 revokes the Royal Ulster Constabulary (Injury Benefit) Regulations 1988 and relevant provisions of the 1988 Regulations and makes consequential amendments of the 1988 Regulations.

Footnotes

1

These Regulations may be cited as the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006 and shall come into operation on 25th July 2006 but have effect from 6th April 2006⁵.

2

• (1) In these Regulations, unless the context otherwise requires—

• (a) the expressions contained in the glossary set out in Schedule 1 shall be construed as provided in that Schedule;

• (b) any reference to a police officer, however expressed, includes a reference to a person who has been a police officer;

• (ba) any reference to a police officer being a member of a pension scheme, however expressed, includes a reference to a police officer entitled to be a member of that scheme who has opted out of making contributions, or who was entitled to be a member but has died;

• (c) any reference to an award, however expressed, is a reference to an award under these Regulations.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

• (A1) This regulation applies in relation to a police officer who is a member of the 1988 scheme or the 2006 scheme, but who is not a member of the 2015 scheme.

• (1) For the purposes of calculating an award to or in respect of a member of the police service his pensionable pay shall be calculated—

• (a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if the award were one payable under the 1988 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

• (b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if the award were one payable under the 2009 Regulations, in accordance with regulation 20 of those Regulations.

• (2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated—

• (a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation G1(2) to (7) of those Regulations, and as if—

• (i) the relevant date for the purposes of that regulation were the date of his last day of service as a police officer, and

• (ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1988 Regulations included the following provisions of these Regulations, that is to say regulations 12(2) and (3) (amount of adult survivor’s special award), 13(2)(a) (amount of adult survivor’s augmented award) and 16(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension);

• (b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 22 of those Regulations, and as if—

• (i) the period of twelve months mentioned in regulation 22(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a police officer and

• (ii) the provisions specified in regulation 22(4) of the 2009 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

• (3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1988 Regulations or, as the case may be, of the 2009 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations or, as the case may be, regulation 7(1) of the 2009 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

• (4) For the purposes of calculating an award to or in respect of a police officer his aggregate pension contributions shall be calculated—

• (a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation A9 of those Regulations;

• (b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 23 of those Regulations.

4

• (1) Where the rate at which a pension or allowance is payable or the amount thereof is expressed as an annual rate or amount then, for the purposes of these Regulations, the weekly rate or amount of that pension or allowance shall be determined as if there were 52 1/6 weeks in each year.

• (2) Where for the purpose of calculating an award to an adult survivor, child or adult dependent relative it is necessary to determine average pensionable pay for a week, it shall be taken to be average pensionable pay divided by 52 1/6.

5

• (1) A reference in these Regulations to an injury received in the execution of duty by a police officer means an injury received in the execution of that person’s duty as a constable.

• (2) For the purposes of these Regulations an injury shall be treated as received by a person in the execution of his duty as a constable if—

• (a) the police officer concerned received the injury while on duty or while on a journey necessary to enable him to report for duty or return home after duty, or

• (b) he would not have received the injury had he not been known to be a constable, or

• (c) the Board is of the opinion that the preceding condition may be satisfied and that the injury should be treated as one received in the execution of duty, or

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the case of a person who is not a constable but is within the definition of “police officer” in the glossary set out in Schedule 1, paragraphs (1) and (2) shall have effect as if the references to a constable were references to such a person.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of these Regulations an injury shall be treated as received without the default of the police officer concerned unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

• (5) Notwithstanding anything in the 1988 Regulations relating to a period of service in the armed forces, an injury received in the execution of duty as a member of the armed forces shall not be deemed to be an injury received in the execution of duty as a police officer.

6

• (A1) This regulation applies in relation to a police officer who is a member of the 1988 scheme or 2006 scheme, and who is not a member of the 2015 scheme, at the time when the question as to whether the person is permanently disabled arises under these Regulations for decision.

• (1) Subject to paragraph (2), 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) In the case of a person who is totally disabled, paragraph (1) shall have effect, for the purposes of regulations 11 and 20, as if the reference to “that disablement being at that time likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.

• (3) For the purposes of deciding if a person’s disablement is likely to be permanent, that person shall be assumed to receive normal appropriate medical treatment for his disablement, and in this paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the Board for that person to refuse.

• (4) Subject to paragraph (5), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a police officer except that, in relation to the child or to the surviving spouse or surviving civil partner of a woman police officer, it means inability, occasioned as aforesaid, to earn a living.

• (5) 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 police officer:

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.

• (6) Notwithstanding paragraph (5), “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.

• (7) 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 Board.

• (8) In this regulation, “infirmity” means a disease, injury or medical condition, and includes a mental disorder, injury or condition.

7

For the purposes of these Regulations disablement or death or treatment at a hospital shall be deemed to be the result of an injury if the injury has caused or substantially contributed to the disablement or death or the condition for which treatment is being received.

8

• (1) These Regulations shall have effect as if anything done, or treated as done, under or for the purposes of the Royal Ulster Constabulary (Injury Benefit) Regulations 1988⁶ or those provisions of the 1988 Regulations as are specified in paragraph (3) had been done under or for the purposes of the corresponding provision of these Regulations.

• (2) Without prejudice to the generality of paragraph (1) references in that paragraph to anything done shall include—

• (a) the determination of a question;

• (b) the exercise of a discretion;

• (c) the decision that a provision should apply;

• (d) the making of a payment; and

• (e) the giving of a notice.

• (3) The provisions of the 1988 Regulations referred to in paragraph (1) are—

• (a) regulation B4 (member’s injury award);

• (b) regulation C2 (widow’s special award);

• (c) regulation C3 (widow’s augmented award);

• (d) regulation D2 (child’s special allowance);

• (e) regulation D3 (child’s special gratuity);

• (f) regulation E1 (adult dependent relative’s special pension);

• (g) Part H (appeals and medical questions);

• (h) regulation K2 (reassessment of injury pension);

• (i) regulation K3 (reduction of pension in case of default);

• (j) regulation K4 (withdrawal of pension during service as policeman); and

• (k) regulation K5 (forfeiture of pension).

9

• (1) The 1988 Regulations shall be amended in accordance with Part 1 of Schedule 2.

• (2) The Regulations specified in Part 2 of Schedule 2 are hereby revoked to the extent there mentioned.

10

• (1) This regulation applies to a person who ceases or has ceased to be a police officer and is permanently disabled as a result of an injury received without his own default in the execution of his duty (in Schedule 3 referred to as the “relevant injury”).

• (2) A person to whom this regulation applies shall be entitled to a gratuity and, in addition, to an injury pension, in both cases calculated in accordance with Schedule 3; but payment of an injury pension shall be subject to the provisions of paragraph 5 of that Schedule and, where the person concerned ceased to serve before becoming disabled, no payment shall be made on account of the pension in respect of any period before he became disabled.

11

• (1) This regulation applies to a person who—

• (a) receives or received an injury without his own default in the execution of his duty,

• (b) ceases or has ceased to be a police officer, and

• (c) within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result of that injury.

• (2) Subject to the provisions of regulations 21 and 22 (abatement), the Board shall pay to him a gratuity of an amount equal to whichever is the lesser of the following amounts, namely—

• (a) five times the annual value of his pensionable pay on his last day of service as a police officer;

• (b) the sum of four times his total remuneration during the 12 months ending with his last day of service as a police officer and the amount of his aggregate pension contributions in respect of the relevant period of service.

• (3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated—

• (a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1988 Regulations or would have been so payable but for an election under regulation G4(1) of the 1988 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A9 of those Regulations;

• (b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 5 of the 2009 Regulations or would have been so payable but for an election under regulation 7 of the 2009 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 23 of those Regulations.

• (4) For the purpose of paragraph (2)(b), the amount of aggregate pension contributions for a person with service under the 2015 scheme is—

• (a) for a person with service only under the 2015 scheme, the sum of all member contributions and payments for added pensions made by the person under the 2015 Regulations in relation to the person’s period of service under the 2015 scheme;

• (b) for a person who is or was a 1988 transition member with continuity of service, the sum of contributions—

• (i) calculated as if sub-paragraph (a) applies, and

• (ii) calculated as if paragraph (3)(a) applied;

12

• (1) This Regulation applies to an adult survivor of a police officer who dies or has died as the result of an injury received without his own default in the execution of his duty (“the deceased officer”).

• (1A) For the purposes of these Regulations “adult survivor” means a person who at the time of the death of the police officer concerned was his spouse, civil partner or, subject to paragraph (1B), other adult partner.

• (1B) An adult partner other than a spouse or civil partner shall not be regarded as an adult partner unless—

• (a) the following conditions are met —

• (i) the police officer and the adult partner were cohabiting as partners in an exclusive, committed and long-term relationship;

• (ii) the adult partner was financially dependent on the police officer or they were financially interdependent;

• (iii) the police officer and the adult partner were both free to marry each other ...;

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) The Board may in its discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where it is satisfied, in the particular circumstances of the case, that it is likely that the deceased officer and the adult partner concerned would have cohabited as partners for at least two years had the police officer not died.

• (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) An adult survivor to whom this regulation applies shall, subject to paragraph (6) and regulation 14, be entitled to an award which shall comprise—

• (a) an adult survivor’s special pension calculated in accordance with paragraphs (3) to (5) subject, however, to regulation 27 (increase during first 13 weeks), and

• (b) subject to paragraphs (7) and (8), a gratuity of an amount equal to 25% of the deceased officer’s average pensionable pay together with, where he died while serving as a police officer, an amount equal to whichever is the greater of the amounts mentioned in paragraph (2A).

• (2A) The amounts are—

• (a) for a member of the 1988 scheme who is not a member of the 2015 scheme—

• (i) the member’s average pensionable pay, and

• (ii) 2¹/₄ times the annual amount of ill-health pension which would have been payable under regulation B3 (Members ill-health pension) of the 1988 Regulations to the member had the member retired on the ground of permanent disablement on the date of the member’s death;

• (b) for a member of the 2006 scheme who is not a member of the 2015 scheme—

• (i) the members’ average pensionable pay, and

• (ii) 2¹/₄ times the annual amount of ill-health pension which would have been payable under regulation 26( police officer’s ill-health pension) of the 2009 Regulations to the member had the member retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top up pension on the date of the member’s death;

• (c) for a member of the 2015 scheme—

• (i) the member’s average pensionable pay, and

• (ii) 2¹/₄ times the annual amount of ill-health pension which would have been payable under regulation 100(3)(b) (entitlement to ill-health pension) of the 2015 Regulations had the member retired meeting the upper tier threshold for payment of an ill-health pension under regulation 99(2) (payment thresholds) of those Regulations on the date of the member’s death.

• (3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated—

• (a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1988 Regulations or would have been so payable but for an election under regulation G4(1) of the 1988 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A10 of those Regulations;

• (b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 5 of the 2007 Regulations or would have been so payable but for an election under regulation 7 of the 2007 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 23 of those Regulations.

• (4) Where, in respect of any week, a pension is payable to the widow in pursuance of section 67 of the Social Security (Northern Ireland) Act 1975⁷ in consequence of her husband’s death and the amount of that pension exceeds that of a widow’s pension under section 26 of that Act as specified in Part I of Schedule 4 thereto at the time of the husband’s death, then the amount of her special pension in respect of that week shall be reduced by that excess.

• (5) Where the provisions governing the amount of pensions under section 67 of the Social Security (Northern Ireland) Act 1975 have changed after the death of the husband, the reduction under sub-paragraph (4) in respect of any week shall not exceed the amount which would have been the amount thereof in respect of that week had those provisions not changed.

• (6) An adult survivor shall not be entitled to an adult survivor’s special award unless the surviving spouse was married to the deceased officer or, as the case may be, the surviving civil partner and the deceased officer were civil partners, or the other surviving adult partner and the deceased officer were cohabiting (as the case may be), during a period—

• (a) before the deceased officer last ceased to be a police officer, if he received the injury while serving as such;

• (b) before the end of the continuous period of service during which he received the injury, in any other case.

• (7) An adult survivor who, but for paragraph (6)(a), would be entitled to an award under paragraph (2) shall, instead, be entitled to a pension calculated in accordance with the provisions of paragraphs (8) to (10); and such pension shall be treated for the purposes of paragraph (14) and regulation 27 (increase during first 13 weeks) as if it were a special award under this regulation.

• (8) The annual amount of a pension under paragraph (7) shall be one half of the appropriate proportion of the ill-health pension under regulation B3 of the 1988 Regulations to which the deceased officer would have been entitled had he, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

• (9) Subject to paragraph (10), for the purposes of paragraph (8) the appropriate proportion means the proportion which the deceased officer’s pensionable service reckonable by reason of service or employment after 5th April 1978 bears to his total pensionable service; and for these purposes, in a case where the deceased officer had made an election under regulation G4 of the 1988 Regulations, his pensionable service shall be calculated as if such election had not been made.

• (10) Where a pension becomes payable under paragraph (7) to the surviving spouse or to the surviving civil partner of a female police officer, paragraph (9) has effect with the substitution for “5th April 1978” of “16th May 1990” or, as the case may be, the day before the date from which service before 17th May 1990 counts in consequence of an election under regulation G6 of the 1988 Regulations (payments by women to enhance widowers’ and surviving civil partners’ awards).

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .