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POLICE INJURIES/RETIREMENTS
INJURIES AND RETIREMENT ADVICE West Yorkshire JBB Secretary, Peter Scott advises that police officers who are medically retired from the service do get a medical pension and injury award which are for the remainder of their lives. However, it is the injury award, also referred to as the degree of disablement, which alters. This is a medical issue which is assessed by how much an individuals’ earning capacity has been affected by the injury or injuries which resulted in them being permanently incapable of performing the ordinary duties of a police officer and subsequently retired from the service.
This assessment used to be carried out by the Force Medical Officer and this is now the responsibility of a Selected Medical Practitioner. The assessment is based on what transferable skills a former officer has, what job they are currently undertaking, if applicable, and any other jobs they have performed since leaving the service. These jobs could be paid or voluntary. Either way, it may be evidence of an individuals’ employability and/or what hours they are capable of working, full or part time.
Currently, in the majority of cases, the assessments appear to have resulted in retired officers injury award being reduced. There are a number of factors behind this which may include;
· Individuals may have been awarded high assessments with no rationale in the first instance and the revised assessment is more realistic
· Roles identified as being reasonable cannot be argued
· Individuals are actually earning more than revealed to the Force and the revised calculations are correct
· The revised assessment is totally unreasonable and therefore an individual would like to appeal
The above applies to retired officers prior to them reaching the age of 65.
When retired officers reach the age of 65, state retirement age, there is a presumption that their employability opportunities cease, therefore their injury award will be reduced to reflect this. The revised award will be shown as 0%, which is in the lowest band of injury awards, 0 to 25%. Again, this is a medical question and retired officers are entitled to see the Selected Medical Practitioner to be re-assessed if their award is reduced. However, as for grounds for appeal the Home Office Circular relating to this suggests there must be cogent reasons to appeal. There is no definition for cogent reasons but what is accepted as such is financial hardship. This award is not means tested but it is accepted that if an individual suffers from financial hardship as a result of being reviewed once they reach the age of 65, then this may well be a cogent reason for not being reduced.
West Yorkshire Police Federation are currently involved in a high number of appeals and to ensure a professional approach is adopted are dealing with all by way of explanatory letters and forwarding appeals directly to Russell, Jones and Walkers solicitors for their advice and assistance.
With regards to financial hardship , individuals are urged to write in the strongest possible terms to the Force and include additional expenses incurred that able bodied people may take for granted such as assistance with care, gardening, decorating and such, in particular if the difficulties arose from the injury on duty.
Peter Scott,
JBB Secretary,
West Yorkshire Police Federation.
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