On the 5th June 2005, Mr Kelly was required to retire as a serving police officer due to permanent disablement from South Yorkshire Police. Whilst Mr Kelly was granted an ill-health pension, the force did not consider whether he was entitled to an injury pension under The Police (Injury Benefit) Regulations 2006 due to the injury being caused on duty. They also did not inform him that he may make an application.
On the 25th July 2017, Mr Kelly became aware of injury pensions, and made an application, which was subsequently granted. South Yorkshire Police however only agreed to apply the pension from the date of the application rather from the date of retirement, a difference of 12 years worth of back pension.
The matter was heard twice, in the Crown Court, where Mr Kelly was successful. South Yorkshire appealed the matter to the Court of Appeal, who today handed down judgment in favour of Mr Kelly. The judgment agreed that Mr Kelly should be paid from the date of retirement and is also entitled to interest on his money.
The NHS has plans to scrape all your personal and medical data into a huge silo, which they plan to share (read sell) to commercial companies. The plan is to anonymise the data, so what could go wrong?
If you wish to stop your data leaving your own GP practice, you need to take positive action to prevent this from happening. You have until the 23rd June 2021 to do so.
In 2020, following a successful claim by Ron Thompson of Haven Solicitors and David Lock QC of Landmark Chambers, the Government agreed a discretionary payment equal to a regulation 12 settlement for one of their clients.
It was accepted that regulation 12, being time limited to 12 months from the date of receiving an injury on duty was potentially discriminatory against officers whose injuries only manifested to total and permanent disablement some time later. This is particularly relevant to those who suffered a mental health injury.
As part of the settlement, the Home Office agreed to consult further on the issue, and has now released a public consultation paper, which we’ve reproduced here.
If you feel as though you have something positive to contribute to the debate, you may complete the online form found here –
The Government have released a new response to the fiasco that is the enforced transfer to The Police Pension Regulations 2015 of a large number of serving officers that were previously on The Police Pension Regulations 1987, or The Police Pension Regulations 2006.
If you have been following the case, you will know that the Government lost an appeal by the Fire Brigades Union Over a similar scheme.
The paper, signed off by RT HON STEVE BARCLAY MP, Chief Secretary to the Treasury, proposed
…the introduction of a ‘deferred choice underpin’ (DCU) as the way to remedy the identified discrimination. This approach
will enable eligible members, when they retire with a pension, to choose whether the legacy or reformed schemes would be better for them for the period between 1 April 2015 to 31 March 2022.
It is clear that the Government intend to reintroduce the scheme (or similar) on 1 April 2022, at which point every serving officer will transfer.
In the meantime, serving officers who have retired, or who will retire between 1 April 2015 and 31 March 2022, will have the choice as to whether they wish to receive benefits from the relevant legacy scheme or to instead receive the benefits that would have been available from the 2015 scheme.
Those who have already retired and/or received a pension award will be offered a choice as soon as practicable after necessary legislative and process changes can be made.
The site has been a long supporter of IODPA, and we have been working together to bring their calculator up to date which originally only catered for calculations under The Police Pension Regulations 1987. It now caters for calculations across multiple schemes including part-time working and is undoubtedly the best calculator available.
With the Home Office indicating that those who were forced onto the 2015 pension scheme, will be given the option to switch back to their original scheme, it is important that members understand the financial implications of doing so. We’ve had no indication that pension departments will provide these calculations for you in a timely manner.
It is important to note, as stated on the Emergency Lounge site, that the calculations are for illustration purposes only, and that official figures should be obtained before making any financial decisions, but they will provide you with an accurate prediction.
We’ve been beta testing this new calculator for the site, but if you find any problems with it, please let us know, or the site directly.
The Home Office have released a consultation document providing remedies and a way forward over the age-discrimination issues that came out of the forced imposition of the Police Pension Regulations 2015.
In summary, it appears as though the HO is proposing that all legacy schemes for affected public sector workers will come to an end on 1st April 2022. Those already affected (transferred) will have the option to transfer back until this new date.
It seems that the proposals will not be without issue as contribution rates are different, some officers will have already retired under the new scheme with multiple pension pots, and there could be further appeals regarding ill-health retirement.
David Lock QC from Landmark Chambers has produced a blog on the issue, which can be found here,
The UK’s leading authority in police pensions, David Lock QC, is releasing a number of podcasts, providing an in depth discussion of all the current police pension schemes including The Police (Injury Benefit) Regulations 2006 and how they should be administered.
Mr Lock has produced these extremely informative podcasts with accompanying documentation, alongside his colleague and fellow QC, Samantha Broadfoot, both of Landmark Chambers in London.
Our very grateful thanks goes to Landmark Chambers for producing this these useful guides which can be accessed by police, legal representatives and officers alike.
Please click on the link below which will go directly to the Landmark Chambers website where the podcasts can be found.
We were very humbled to receive some kind words from a former officer on joining IODPA as a member. 🙏"My experience is that being a member is a privilege, to think that people who I do not know are prepared to help fill me with a knowledge that I am not alone . Please continue with what you are doing, you will be helping others like me who did not have a voice"(Posted with permission)If you are an injured on duty police pensioner or serving officer and going through the IHR/ IOD award process and would like to know more about IODPA's membership, please email us on the following link... iodpa.org/contact/... See MoreSee Less
Hi everyone!It's time to enter the easyfundraising Advent Calendar! You could WIN a £250 donation EVERY day for IODPA - Injury on Duty Pensioners Association until Christmas. For each day you enter, you'll also get a FREE entry into the Christmas Day Grand Prize Draw for £1,000 to spend at John Lewis & Partners and a £10,000 donation for us! Visit: efraising.org/aS6mfGJD41... See MoreSee Less
A tremendous well done to Andrew's family and his wife, Lissie, who have campaigned for the change in law.Those who kill emergency service members will face mandatory life sentences after the government decided to back a law change prompted by the death of PC Andrew Harper.The government will introduce "Harper's law" as soon as possible, to bring in mandatory life sentences for those who kill an emergency worker in the line of duty.It follows the tireless campaigning of PC Andrew Harper's family, and his widow Lissie Harper, who were prompted to act when the 28-year-old was killed while responding to a call about a stolen quad bike in Berkshire on 15 August 2019. ... See MoreSee Less
Christmas is coming and online spending is increasing as people buy gifts and treats for the festive season.Would you take a moment to look at Amazon Smile please? Instead of logging in to Amazon in the usual way, you just start off in Amazon Smile. Same Amazon, same great stuff, but by going in via the Smile door, a little of what you pay for purchases is given to the charity of your choice. Make IODPA your chosen charity, and that's it - an automatic, free, simple way to help raise funds for IODPA.All the details are here ⬇️smile.amazon.co.uk/gp/chpf/homepage?orig=%2F... See MoreSee Less
Every day lesbian, gay, bi and trans (LGBT) people face discrimination, abuse, and violence because of who they are and who they love. Stonewall Equality fights for LGBT rights in the UK and around th...
Landmark Chambers have produced a link outlining the case of Lloyd Kelly. Did you make a retrospective application for an IOD award and could prove you had your IOD at the time of leaving the police? Was your IOD award paid from the date of your application rather than backdated? If so, the Lloyd Kelly result may have an impact on you. If you think this case may affect you and your circumstances, please get in touch with us at email@example.com where we will be pleased to help you. www.landmarkchambers.co.uk/injury-pension/... See MoreSee Less
The Court of Appeal has confirmed police officers who are injured on duty are entitled to an injury pension from the date of retirement; and a Chief Constable will act unlawfully if he only pays the p...
After 2.5 years on the sick, x2 expert reports and an SMP that refuses to accept either MENTAL health or the expert reports, my PMAB was successful.
I cannot thank @HavenSolicitors, especially Mark Botham and my local FedRep @PFEW_HQ for their expert counsel & support.. 1/2
33yrs ago on this date, I walked into the RUC training centre along with 30+ other folk who would become my squad mates. We spent hours signing documents, authorising deductions from our pay for everything from benefits in the case of injury to 50p for the police band.