Deductibility of Incapacity Benefit and Industrial Injury Disablement Benefit

DEDUCTIBILITY OF INCAPACITY BENEFIT AND INDUSTRIAL INJURY DISABLEMENT BENEFIT

Deductibility of  Incapacity Benefit and Industrial Injury Disablement Benefit

Dear Colleague,

DEDUCTIBILITY OF INCAPACITY BENEFIT AND INDUSTRIAL INJURY DISABLEMENT BENEFIT

We write in relation to the recent decision of the Court of Appeal in Evans & Ashcroft v Chief Constable of South Wales Police regarding Deductibility of Incapacity Benefit and Industrial Injury Disablement Benefit and the impact this will have on the many injury retired officers who may have had their injury pensions over-deducted since 2010.

Constabularies have an obligation to take steps to refund the monies which have been unlawfully deducted and the Police Federation has produced a questionnaire for retired officers to work out whether they may be eligible for a refund. For those that consider they are, a template letter has also been attached for officers to edit and send to their Chief Constable.

Background

The appeal involved a question of interpretation of the Police (Injury Benefit) Regulations 2006, S.I. 2006 No.932 (“the 2006 Regulations”), which provide (among other things) for the making of an injury award to a person who is retired from a police force and is permanently disabled as a result of an injury on duty.

An injury award payable under the 2006 Regulations is separate from any social security benefits to which the police officer may be entitled. In the case of certain benefits (described in paragraph 7 of schedule 3 of the 2006 Regulations), these must be deducted from the weekly payment of injury pension made to the retired officer. The benefits which must be deducted in this way are ones which relate directly to the injury on duty so that the former officer does not receive a ‘double recovery’ (i.e. once from the force and once from the Department for Work and Pensions) regarding his/her injury on duty.

The way these additional benefits are to be taken into account is provided for by sub-paragraphs 7(1) and (2) of Schedule 3 to the 2006 Regulations, as follows:

“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 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 member of a police force, 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…”

Regulation 7(1) therefore sets out the basic rule which is to deduct an amount equal to the full value of the benefit on a weekly basis. This is then subject to sub-paragraph (2) which applies “[w]here the provisions governing scales of additional benefits have changed after the person concerned ceased to be a member of a police force”.

In those circumstances, the amount of the weekly deduction must not exceed the amount which would have applied if those provisions had not changed.

It was the meaning of this provision that was the subject of the Court of Appeal’s decision in Evans & Ashcroft.

Although we do not detail the specifics of the case in this circular, we have enclosed a copy of the judgment should you wish to review it. Instead, we focus on the findings and outcomes in this matter.

Findings

The Claimants were successful in two ways:

  1. The Chief Constable was deducting Employment and Support Allowance (“ESA”) at the point that it was not an “additional benefit” for the purposes of paragraph 7 of Schedule 3 to the Police (Injury Benefit) Regulations 2006;
    and
  2. The Chief Constable was deducting too much in respect of Incapacity Benefit (“IB”) and Industrial Injuries Disablement Benefit (“IIDB”).

In their defence to the claim, and for the first time, the Chief Constable of South Wales Police agreed to stop deducting ESA and to repay the sums which had been wrongly deducted.

The Secretary of State subsequently introduced Regulations to make ESA an additional benefit. For the purposes of the case, however, the new Regulations were irrelevant because they had no retrospective effect and only applied going forward (*1).

The question of “over deduction” of IB and IIDB is not straightforward. The key finding of unlawfulness by the Court is in paragraph 59 of the judgment which states:

“It follows that the increases in the relevant benefits to which the appellants became entitled at any time from 12 April 2010 to 14 April 2011 arising from the 2010 Up-rating Order should not have led to any increase in the deductions applicable to their injury pensions during that period, and to the extent that these increased deductions were made by the Chief Constable, they were unlawful by reason of the proviso in paragraph 7(2)”.

It was therefore held that the Chief Constable had been over-deducting both IB and IIDB every year since 2010.

Going Forward

Although the Claimants were not successful in their central arguments, they were nevertheless successful in establishing the unlawfulness mentioned above; i.e. the over-deduction from their pensions following the 2010 Up-rating Order. We consider that there are many former officers around the country who have been affected by these over-deductions and are owed hundreds of pounds by their Constabularies.

Earlier this year, we notified each Constabulary in England & Wales of their obligation to refund the monies which have been unlawfully deducted from injury-retired officers. We have had a range of responses, including some forces which have not responded at all.

Following this, it has been decided that the most appropriate course of action is for the retired officers concerned to write to their Chief Constables and ask for a reimbursement.

We have prepared a questionnaire for individuals to use which will help them decide whether they may have been affected by the over-deduction of benefits caused by the 2010 Up-Rating Order.

If the individual officer is affected, s/he can use the template letter to write to their Chief Constable to start the process of obtaining a refund of monies which have been wrongly deducted.

It is likely that some forces will state that individuals must resolve this matter directly with the pension provider (such as Capita or XPS) rather than the Chief Constable.

Our advice is that this is the wrong approach. The obligation to take steps to refund the monies rests with the Chief Constable, not a private company. Additionally, a company which administers the pensions does not act independently of the Chief Constable but on the Chief Constable’s instructions. As such, it is the Chief Constable’s responsibility to resolve this matter, whether that is in concert with the private pension administrator or on his/her own.

Where a force fails to resolve the matter, the former officer should approach the Pensions Ombudsman for assistance. For information on the powers of the Pensions Ombudsman and how to make a complaint, please visit: https://www.pensions-ombudsman.org.uk/.

Yours faithfully,

Alex Duncan

NATIONAL SECRETARY

(*1) The Regulation which made ESA an additional benefit came into effect on 10 February 2017. Before this date, ESA should

Injured On Duty Pensioners Association

Injured On Duty Pensioners Association

Injured On Duty Pensioners Association

Dear Colleagues,

I have received the attached email from Tom Curry, a NARPO member for information only. The content is unedited and the material contained within the email contains the views and opinions of the writer Tom Curry and are therefore not necessarily the views of the Police Federation and NARPO.

Kind regards,

Susan Heaton

Branch Secretary, Chelmsford

Dear Colleague,

Many members may still not be aware of ‘Injured On Duty Pensioners Association’ a national charity which supports injured on duty police officers.It is really worth knowing the great support and advice available from IODPA.

As many may know IOD’s always received robust, lacking in compassion and thoroughly unfair treatment from PPA’s, Sussex being one of the worst.

I know I do not need to tell you that it’s all about budgets and not fairness and compassion. For years now IOD medical reviews have been suspended in Sussex but that will not continue forever.

Sussex PPA are among the many who have been afraid to make a move due to frequent and pending Judicial Reviews and challenges throughout the country in Staffs and Northumbria (being the worst of the worst.) and mainly at the instigation and with the support of IODPA.

Some PPA’s are now believed to be about to reinstate medical reviews but others are being more cautious and awaiting the outcome of JC’s etc. and further Home Office advice. The further HO guidance after many years may never come as it appears the HO have no interest now after a previous attack on IOD awards via HO Guidance was ruled unlawful at High Ct.

Prior to the forming of IODPA, IOD’s were vulnerable to the unlawful actions of some PPA’s because of being isolated and uninformed as to their rights, particularly in the respect of accessing medical records and personal details not covered by the Regs. BUT have been pursued by PPA’s and have been handed-over due to lack of the recipients rights knowledge and the unlawful threat of ‘withholding pensions’

National Narpo and Fed. in the past were perhaps not as supportive as they could have been and hence IODPA was conceived out of necessity.

I think being a member of IODPA is worth huge consideration IN ADDITION to Narpo. It specialises in IOD’s and therefore the knowledge they provide of rights and of what is going on in addition to the support and unity is invaluable to an IOD.

IODPA are unique in there being a forum chat site available 24/7 where one can chat to other UK IODPA members , share concerns and seek advice from other members and the Trustees are are also available for guidance almost 24/7. This forum is very friendly and you get to know each other from all around the UK. It also often acts similar in support as ‘The Samaritan’s’ do, in always there being someone there willing to listen to concerns. Quite honestly it is brilliant!

IODPA have a website which can be viewed here IODPA. I urge any IOD member to acquaint themselves with what IODPA offer, which may assist in protecting their IOD award IF once again as in the past it is threatened by Sussex PPA when medical reviews are reinstated.

If anyone in receipt of an IOD and would like to contact me, Tom Curry, for more information please do so. My email address is Tom Curry

Kind regards,

Tom Curry

Essex Police Memorial Day NARPO Essex Remembers

Essex Police Memorial Day

Essex Police Memorial Day

Essex Police Memorial Day and Essex Police Benevolent Fund

On Saturday 1 June 2019 an event was held at Essex Police HQ to commemorate officers and support staff who have been killed on duty whilst serving Essex Police.

The occasion also marked the 30 year anniversary of two Essex Police divers, Steve Taylor and Andy Morrison, who sadly died having got into severe difficulties whilst on a training exercise in some gravel pits near Dobbs Weir, close to Nazing.

The Chairman and other NARPO Chelmsford Branch committee members attended the event. A collection was held in support of the Essex Police Benevolent Fund and the Chelmsford Branch contributed £100 as a token of remembrance together with suitable flowers. We feel sure members generosity will be much appreciated.

The Benevolent Fund provides relief from poverty, suffering, distress or general hardship by means of cash grants. It is available to retired Essex Police Officers, widows, widowers, civil partners, life partners and orphans. If you or you know of anyone, who needs benefit from the Fund and falls into these categories, then please contact our representative Graham Furnival by email Graham Furnival for further information or telephone Graham on +44(0) 780 165 7138. Alternatively, contact the Fund Secretary via Essex Police Federation or Welfare.

Essex-Police-Memorial-Day3
Essex-Police-Memorial-Day
Essex-Police-Memorial-Day

Cenotaph Parade & Service 2019

Cenotaph Parade & Service 2019

Cenotaph Parade & Service 2019

The Royal British Legion will, as usual, be organising the Ex-Service and Civilian Contingents attending the Parade and Service at the Cenotaph, Whitehall, on Remembrance Sunday, 10th November 2019.

Like last year, NARPO has applied to the Royal British Legion to send a contingent of Thirty-Six (36) members, to take part in this unique national event, in the heart of London.

Due to heightened security measures, the Metropolitan Police need to conduct individual security checks on all participants. Therefore, basic personal information will need to be provided in advance for each applicant.

Ticket holders will need to bring both photographic ID and a document showing proof of address with them for access to Horse Guards Parade via the staffed Police entry points on the day.

We are now taking applications from Branches, to take part in the Parade and Service.
Those applications must include the following information to enable us to complete the online electronic application process:

  • Title/Rank
  • First Name (this must be the name on photo ID)
  • Last Name
  • Date of Birth (please use the format DD/MM/YYYY)
  • Place of Birth
  • First line of address
  • Town
  • Postcode
  • Military number (where applicable)

Please note that owing to security checks on attendees, last-minute replacements are not possible as the tickets are in the Member’s name.

We will endeavour to be as fair as possible in the allocation of tickets, to give the whole country the opportunity to be represented, with preference given to those who have not previously attended.

If you are interested please supply details by email to: Sue Heaton prior to 30th June 2019 to allow for spaces to be allocated and security checks to take place

RNLI Volunteers

 
Dear Colleagues

RNLI Volunteers

My name is Tony Watson – I am a retired West Yorkshire Police Officer and member of NARPO.

I have, for more years than I can remember, been a member and supporter of the RNLI, and now my main volunteer role is that of Regional Lead Facilitator for their Young Adults Programme, which is delivered into Colleges throughout England and Wales. My region basically covers anything north of Watford to the Scottish Border, and (at the moment) most of Wales.

The Young Adults Programme is a long-term collaboration with colleges of further and higher education. It gives the RNLI an opportunity to reach out to tens of thousands of people in the 16–25 year age group who are about to enter adulthood and the workforce.

The programme is a learning package designed by the RNLI to deliver leadership and teamwork skills that meet not only the specific demands of course curricula but also the need for colleges to respond to government policy to prepare their students for the world of work.

The package comes in two parts. Firstly, a part-lecture, part-tutorial built around Respect the Water to give students a greater understanding of risk awareness and management, personal and peer group responsibility, behaviour change and decision-making within the context of water safety. And secondly, a facilitated half-day coaching session that immerses students in a fictional but authentic maritime search and rescue scenario to give them a real-world experience of making decisions under pressure and within a team.

Because of the popularity and uptake of this Programme by Colleges throughout England and Wales, we are needing to recruit more volunteer Facilitators to help us deliver the Programme into Colleges. Facilitators work in teams of two.

The role is voluntary, but mileage and meal allowances are paid. In some cases, Colleges require more than one day – sometimes up to a full week, and so hotel accommodation is booked and paid for by the RNLI.

I have already liaised with Terry Jepson of the Huddersfield Branch, of which I am a member, and as a result have recruited one new Facilitator for the programme.

There are no specific qualifications or requirements for anyone to undertake this role, other than the ability to talk to up to 250 students at a time for the Water Safety Tutorial and facilitate up to 36 students in the Workshop. No maritime experience or knowledge is necessary.

I have attached some further information which may be of interest, and I ask if it would be possible to circulate your Branch members with details and ask anyone who is interested to contact me for further details or just a chat about what it entails.

Thank you for taking the time to read this email, and I hope that you feel you can assist with this request.

Best wishes,
 

Tony Watson

 

REGIONAL LEAD FACILITATOR
RNLI YOUNG ADULTS PROGRAMME

If interested, or for more information, please email me, Tony Watson

Volunteer Role

Young Adults Programme Session Leader

RNLI Youth Education

Why the RNLI needs this role:

This role will help us save lives at sea and reduce accidental drownings by raising awareness of the RNLI and developing skills around decision making and personal risk management for young adults.

Potential time commitment:

Flexible (approximately 6-12 hours per month through September – April)

Team:

Youth Education

Responsible to:

Project Lead, Young Adults Programme

Role specific requirements:

An interest in the RNLI and working with young adults, ability to be able to volunteer in Further and Higher Education Colleges and Universities, Level 2 – RNLI Safeguarding.

This role involves:
  • Complying with the Volunteer Commitment
  • Presenting and delivering workshops and tutorials to 16-25 year olds in a Further/Higher Education settings.
  • Using water safety, drowning prevention and RNLI experience in search-and-rescue as the coaching framework to prepare learners for the world of work.
  • To travel to Colleges and Universities within locality (and beyond where necessary by prior approval with SYEM) and to develop continuing relationships with tutors/management teams.
  • To sell and promote the programme to Further and Higher Education Colleges and Universities within your locality.
  • To introduce fundraising and volunteering opportunities to Further and Higher Education Colleges and Universities when appropriate.
  • To act as an ambassador for the work of the RNLI to a Further and Higher Education audience.
Training and support:
  • Training on programme delivery by Project Leads and/or RNLI staff when appropriate.
  • The RNLI will aim to provide opportunities for personal development in your volunteer role.
What you will get from this role:
  • Make a positive difference towards raising RNLI awareness and reducing incidents of drowning among young adults
  • Have the satisfaction of giving back
  • Develop your skills and experience within the supportive environment of this leading national charity
  • Reasonable travel and lunch expenses covered – travelling outside of locality will require pre-approval from Senior Youth Education Manager

What you need for this role:

  • Good communication skills
  • Willingness to be proactive within the locality
  • Enthusiasm
  • An interest in the RNLI and its activities
  • Prepared to travel within the locality
  • Business experience
  • IT Literate (including an email account)
  • Experience of presenting to an adult/youth audience
  • Ability to work in a team
  • Experience of facilitating discussions/debates

RNLI Values:

The RNLI has set values as an organisation that we ask all our staff and volunteers to uphold:

Selfless: Willing to put the requirements of others before our own and the needs of the team before the individual, able to see the bigger picture and act in the best interests of the RNLI. Inclusive and respectful of others. Prepared to share our expertise with organisations that share our aims.

Dependable: Always available, committed to doing our part in saving lives with professionalism and expertise, continuously developing and improving. Working in and for the community and delivering on our promises.

Trustworthy: Responsible, accountable and efficient in the use of the donations entrusted to us, managing our affairs with transparency, integrity and impartiality.

Courageous: Prepared to achieve our aims in changing and challenging environments. We are innovative, adaptable and determined in our mission to save more lives at sea

Health and safety responsibilities:

To be responsible for your own health and safety and that of others with whom you volunteer, by reporting all potential and actual health and safety matters including accidents using the correct procedures. Induction training will be provided at site.

Safeguarding:

The RNLI is committed to safeguarding and promoting the welfare of young people and expects all staff and volunteers to share this commitment and comply with the RNLI Safeguarding Policy and Procedures to ensure safeguarding of children and vulnerable adults.

Level 2 requirements: Awareness, understanding and training in safeguarding is required upon commencement of role (to be delivered by RNLI).

If interested, or for more information, please email me, Tony Watson

Travel Insurance

Dear Colleague

Please see the below from THIG, which is also on our National website

Any queries should be directed to THIG

Travel insurance for non –UK based NARPO members

Travel insurance for non–UK based NARPO members

Travel insurance designed specifically for non – UK based NARPO members who live in the European Economic Area (EEA) or for UK based NARPO members seeking single trip cover only.

For further details please visit the dedicated NARPO/Voyager website

Or call The Health Insurance Group on 0800 389 7724.

Please quote code NARPO15 to receive a 15% discount applicable to NARPO members.

Terms & conditions apply.

NARPO is an Introducer Appointed Representative of The Health Insurance Group. Health and Protection Solutions Ltd, trading as The Health Insurance Group, is authorised and regulated by the Financial Conduct Authority.