H1 to A20
ELO Seminar Workshops
23 November 2010
Emma Hawksworth
Russell Jones & Walker
ILL HEALTH RETIREMENT
 Old scheme - Police Pensions Regulations 1987
 From 6 April 2006 - new Police Pension scheme –
Police Pensions Regulations 2006
 Police Injury Benefit Regulations 2006 now contain
injury award provisions
ILL HEALTH RETIREMENT
 Regulation A20 PPR87
 if officer is permanently disabled
 Police Authority may retire
Permanent disablement:
‘Permanence’ Regulation A12 PPR87
 permanent – forever or if not possible to ascertain,
to retirement age
 normal, appropriate medical treatment assumed
 PA decide whether reasonable to refuse medical
treatment – appeal to Crown Court
Permanent Disablement:
‘Disablement’ Regulation A12 PPR87
 inability to perform the ordinary duties of a member of
the force
 ordinary duties includes operational duties – Stewart v
Sussex PA
 the force means the specific force, not police service
generally Ashton v MPA
 must be result of disease, injury or medical condition
Permanent disablement:
Who decides? Regulation H1
 must be referred by PA to SMP
 failure to do so – Crown Court appeal
 permanent disablement questions answered in
report
 report sent to officer automatically
Permanent disablement:
Appeal - Regulation H2 PPR87
 appeal from decision of SMP on question of
permanent disablement to PMAB
 28 days from receipt of report under H1 to give
notice of appeal to PA
 further 28 days to give statement of grounds of
appeal
Permanent disablement:
Reference back Reg H3 PPR87
 request for SMP (or PMAB) to reconsider its
decision
 must be agreed
Permanent disablement:
Crown Court appeal Reg H5 PPR87
 appeals against police authority decisions
 where refusal to refer medical questions to SMP
 whether refusal of medical treatment is reasonable
 21 DAY TIME LIMIT!!
Decision to retire
Police authority considers: Reg A20 PPR87
 finding of permanent disablement is only stage 1 in
IHR process
 stage 2 – PA considers whether to retain
 must consider all relevant circumstances, advice
and information available to them
 challenge to decision of PA would be by way of
judicial review – exceptional circumstances only
PNB Guidance 10/04
 Where issue arises as to whether officer is PD – must
refer to SMP (13-17)
 FMA prepares “brief” to SMP (19-21)
 SMP prepares report including decision on PD. If officer
is PD, SMP will prepare report on “capability” i.e. what
if any limited duties can the officer perform (27-29)
 Report sent to PA and officer. PA seek report from CC as
to whether in light of the capability report the officer
can be retained (30-32, 41)
PNB Guidance 10/04
 Officer can comment on CC’s report (49)
 Officer can comment on capability medical evidence.
No formal appeal right but if difference of opinion will
be referred to another doctor (50)
 Police authority makes decision whether or not to retire
once all information received (52) nb presumption to
retain
 Provision for reviews in light of changed circumstances
but expectation that these will be infrequent (55-56)
IHR hurdles
 harder to get finding of permanent disablement
(especially in stress related mental illness cases)
 PMABs very aware of issue of further treatment
 presumption to retain permanently disabled
officers on restricted duties
NPPS: ILL HEALTH PENSION
 core of medical retirement as per old scheme


disablement – ordinary duties test
PA discretion to retire
 ill-health pension itself is different


two tiers, standard and enhanced
enhanced only if permanently disabled for regular
employment
NPPS: ILL HEALTH PENSION
 enhanced ill-health pension


if member has 5 years’ service, add 50% of prospective
service to 55
if member has less than 5 years, 4x actual service (unless
50% prospective service to 55 would be lower)
Ill Health Retirement
and UAP
 referral to SMP - no action under the UAP until SMP’s
report received (nb less strong provision in relation to
performance)
 if not permanently disabled action may be taken or
resumed under the UAP
 where appeal to PMAB UAP hearing shall be
adjourned until appeal resolved
 if permanently disabled Police Authority will decide
whether or not to ill health retire
Any questions?