Following the recent case brought by David Lock QC and Cartwright King Solicitors and the decision of the Court of Appeal in Evans & Ashcroft v Chief Constable of South Wales Police, it has come to light that many forces may have been deducting too much from injury pensions since 2010 for those in receipt of certain social security awards, namely Industrial Injuries Disablement Benefit (‘IIDB’).
We have included a copy of the decision as well as a very useful circulation provided by the Police Federation.
In short, injury pensions and social security awards are normally increased by the same annual increments, which means that as each rises annually by the same percentage increase forces are entitled to deduct the whole amount of IIDB from your injury pension. However, in 2010, due to an Up-rating Order, the Secretary of State was entitled to increase benefits (including IIDB) at at rate higher than the general level of prices, which is what they did. The result of this was that IIDB increased at a rate higher than injury pensions.
The PPA continued to just deduct the total received in IIDB from the injury pension causing a detriment to the officer and in contravention of sub-paragraph 7(2) of Schedule 3 of The Police (Injury Benefit) Regulations 2006.
Officers in receipt of IIDB are encouraged to write to their forces asking whether they have been unlawfully reduced.
Here is the court decisionEvans & Ashcroft v Chief Constable of South Wales Police
Here is the Federation circulationpolice fed circulation re IIDB