Thursday, 12 April 2012

Home Office Guidance on injury award reviews for those over 65 unlawful

Dear All,

Any member adversely affected by the use of the Home Office Circular and Guidance upon reaching 65 years or over should be receiving communication from their respective Forces within the next month. Anyone so affected who does not hear from their Force within a month should contact NARPO HQ.

His Honour MR JUSTICE SUPPERSTONE has ruled that there is no statutory basis in the Police [Injury Benefit] Regulations to support a different approach to a Regulation 37 review at different ages.

At Paragraph 42 of the decision MR JUSTICE SUPPERSTONE opined:

In my judgment, the appropriate relief to grant in the circumstances of this case is a declaration that the section in the Guidance headed “Review of Injury Pensions Once Officers Reach Age 65” and paragraph 20 of the Guidance on Medical Appeals are inconsistent with the Regulations and unlawful.  There is no justification for adopting a different approach to regulation 37(1) in respect of a former officer who reaches the age of 65 than in the case of a review for former officers of a younger age.

ERIC EVANS President of NARPO commented:

NARPO particularly welcome this recent decision by His Honour Justice Supperstone and now urgently calls on those Forces that have used the Home Office Circular and Guidance to callously and systematically reduce the injury pensions of those who have been injured serving their local communities, without any consideration of their individual circumstances or needs, to put right this wrong immediately. Those adversely affected have suffered for long enough and Forces should act quickly to put their minds at rest. NARPO will be monitoring Forces to ensure that the problem is rectified forthwith.

The full judgement is available on our website Injury Pensions page.

Regards               

Steve Edwards

Deputy Chief Executive

National Association Of Retired Police Officers

38 Bond Street

Wakefield

WF1 2QP

01924 331251

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