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Cambridgeshire Constabulary - Draft Policy on Injury Awards

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    INJURY ON DUTY AWARD POLICY

    CONTENTS

    1. Introduction

    2. Applicability

    3. The Policy

    3.1 Payment3.2 Police Officers Injury Award

    3.3 Granting of an IOD Award3.4 Calculation of the Amount of an IOD Award3.5 Degree of Disablement3.6 Reports by the Selected Medical Practitioner3.7 Appeals3.8 Reassessment of Injury Pension

    4. Procedure

    4.1 Application for an IOD Award4.2 Consideration of IOD Award

    4.3 IOD Information Pack4.4 Appeals4.5 Reassessment4.6 Refusal to be Medically Examined

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    1. Introduction

    1.1 The aim of this policy is to highlight the key provisions within The Police(Injury Benefit) Regulations 2006 which relate to Injury on Duty (IOD)awards and to set out how those provisions will be administered. References

    to the Regulations in this policy are references to the 2006 Regulationsunless stated otherwise.

    1.2 This policy was drafted and introduced in 2012 after a lengthy period ofdisagreement between Cambridgeshire Police Authority and numerous IODpensioners. This disagreement is rehearsed in the paper to the PoliceAuthority on 7th September 2012. IOD pensioners need to have a degree ofcertainty about their future income. The Constabulary will therefore be slow torevisit this policy unless new regulations require it to do so. Reference to thePolice Authority paper in the policy is to ensure that it would be taken accountof should there be any future review of this policy.

    1.3 The policy has an annex; transitional arrangements for IOD pensioners whowere in receipt of their award prior to the adoption of this policy. Thesetransitional arrangements are necessary to bring the administration of suchIOD pensions into line with the policy. The Constabulary will be very slow torevisit these arrangements.

    1.4 The Regulations make provision for payments to police officers who arepermanently disabled as a result of an injury received without their owndefault in the execution of duty as a police officer: an IOD. The Regulationsalso contain provisions in respect of the death of an officer following an IODand extend to other allowances e.g. for dependent relatives.

    1.5 This policy is built on the Regulations and in particular the most commonissues which relate to the grant of an IOD award, and how reassessments ofIOD pensions will be administered. This policy therefore brings together thekey sections of the Regulations and incorporates the procedure to be followedin such circumstances. The policy does not cover all of the injury benefitprovisions; therefore the Regulations should be referred to if matters are notcovered here.

    1.6 Former officers in receipt of an IOD award are by definition permanentlydisabled from ordinary police duties. Irrespective of the nature of that

    disability those former officers will therefore be more vulnerable to anxiety andinsecurity and this policy is designed to provide a clear explanation so thatthey can better understand the Regulations that apply to them and how thescheme will be administered in Cambridgeshire.

    1.7 In recognition of the complexity of the IOD procedure, an IOD InformationPack will be produced to accompany the initial IOD award and upon anyreassessment. This Pack will contain as a minimum, a copy of this policy, acopy of the report by the selected medical practitioner, a copy of thecalculations by finance department and how to appeal any decision ifappropriate. Beyond this, the Chief Officer with responsibility for the policy

    will ensure that reasonable steps will be taken to answer questions from

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    pensioners and to work with any pensioner who chooses to appeal any of thedecisions made during the process.

    2. Applicability

    2.1 Regulation 11(1) sets out that a police officers injury award applies to aperson who ceases or has ceased to be a member of a police force and ispermanently disabled as a result of an injury received without his own defaultin the execution of his duty.

    2.2 IOD awards are therefore available only to former police officers.

    3. The Policy

    3.1 Payment

    3.1.1 Payment of gratuities and pensions will be made in accordance with the

    Regulations.3.2 Police Officers Injury Award

    3.2.1 Regulation 11(2) explains that an IOD award comprises a gratuity and aninjury pension, both calculated in accordance with Schedule 3 to theRegulations.

    3.2.2 An IOD award therefore comprises two elements. There is a gratuity paid asa lump sum at the point of award. This is a one off payment.

    3.2.3 There is also a pension which is payable for life but subject to revision

    (increase or reduction) in accordance with Regulation 37(1), or cancellationunder Part K of a different set of regulations namely the Police PensionRegulations 1987 (the 1987 Regulations).

    3.2.4 Any revision under Regulation 37 would reflect a substantial change in thedegree of disablement; any cancellation under Part K of the 1987 Regulationswould reflect the cessation of the disability.

    3.2.5 IOD awards are therefore separate and distinct from ill-heath pensions. Anofficer who suffers from ill heath irrespective of its cause can be consideredfor an ill-health retirement and associated pension. An ill-health pension is anenhanced pension, payable for life from the date of retirement and indexlinked. Ill-Heath Retirement policy is not covered by this policy. Ill-healthpensions are never reduced in value unless the disability ceases and thepension is terminated.

    3.2.6 It follows that a former officer who has been retired on the grounds of ill healthand who has been granted an IOD award will receive three payments namelyan ill-health pension, an IOD gratuity and an injury pension. Only the injurypension is subject to potential revision.

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    3.3 Granting of an IOD Award

    3.3.1 Regulation 30(1) sets out that the question as to whether a person is entitledto any, and if so what, awards under these Regulations shall be determined inthe first instance by the police authority.

    3.3.2 Cambridgeshire Police Authority has delegated the administration of IODprocedures to the Constabulary having agreed this policy. The Constabularydischarges its delegated responsibility through the human resources (HR)department under the oversight of the Chief Officer with portfolio responsibilityfor HR.

    3.3.4 Regulation 30(2) sets out that where a police authority is considering whethera person is permanently disabled, it shall refer for decision to a duly qualifiedmedical practitioner selected by them (the selected medical practitioner orSMP) the following questions

    a) whether the person concerned is disabled;

    b) whether the disablement is likely to be permanent

    and, if it is further considering whether to grant an injury pension,

    c) whether the disablement is the result of an injury received in theexecution of duty, and

    d) the degree of the persons disablement;

    and, if it is considering whether to revise an injury pension, shall so refer

    question (d) above.

    3.3.5 Cambridgeshire Police Authority has procured the services of its SMP and willrefer the four questions in Regulation 30(2) in IOD cases. It will agree to anIOD award if the SMP determines that the person concerned is disabled, thatthe disablement is likely to be permanent and that it is as a result of an injuryon duty received without his or her own default in the execution of their duty.

    3.3.6 There is a right of appeal against any of the decisions of the SMP.

    3.3.7 The amount of an IOD award, both the gratuity and the pension, will becalculated in accordance with Schedule 3 to the Regulations.

    3.4 Calculation of the Amount of an IOD Award

    3.4.1 Schedule 3 to the Regulations sets out in paragraph 1 that the amount of anIOD gratuity shall be calculated by reference to the persons degree ofdisablement and their average pensionable pay; and in paragraph 2 that theamount of an IOD pension shall be calculated by reference to the personsdegree of disablement, their average pensionable pay and the period in yearsof their pensionable service.

    3.4.2 Paragraph 3 incorporates a Table which sets out gratuities and minimum

    income guarantees expressed as a percentage of average pensionable payas follows:

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    Degree of

    disablement

    Gratuity Minimum income guarantee

    % of average pensionable pay

    < 5 yrs 5 15 yrs 15 - 25 yrs > 25 yrs

    Up to 25%

    Slight

    12.5% 15% 30% 45% 60%

    26-50%

    Minor

    25% 40% 50% 60% 70%

    51 75%

    Major

    37.5% 65% 70% 75% 80%

    Over 75%

    Very Severe

    50% 85% 85% 85% 85%

    3.4.3 It is therefore apparent that each and every IOD award will be different and

    subject to a unique calculation. Furthermore, Schedule 3 goes on to reducethe amount of injury pension payable by three-quarters of any other policepension, including any ill-health pension (paragraph 6) and by an amountequal to certain social security benefits (paragraph 7).

    3.4.4 Finance department therefore use the following values in order to calculatethe amount of an IOD gratuity:

    Degree of disablement

    Average pensionable pay

    3.4.5 By way of illustration and referring to the Table above, an officer with a majordegree of disablement will receive a gratuity equal to 37.5% of his or heraverage pensionable pay.

    3.4.6 Finance department will use the following values in order to calculate theamount of an IOD pension:

    Degree of disablement

    Average pensionable pay

    Pensionable service of any other police pension e.g. ordinary or ill-health pension

    Sum of any relevant additional benefits payable for the same injury.

    3.4.7 By way of illustration and referring to the Table above, an officer with a minordegree of disablement, with 20 years pensionable service will receive apension equal to 60% of his or her average pensionable pay reduced by thesum of of any other police pension and any relevant additional benefits.

    3.4.8 The average pensionable pay, pensionable service and other police pension

    values are determined by the finance department. In brief, averagepensionable pay is typically the best years salary of the last three years

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    worked. The pensionable service is service in the police added to by anyother relevant pensionable service transferred in e.g. certain military service,previous employers schemes or private pension plans. Other pension valuesare as calculated by reference to Schedule B of the 1987 Regulations.

    3.4.9 In order to calculate any relevant additional benefits, IOD recipients will beasked to complete a form to identify what benefits they receive or haveapplied for. Finance department will assess whether any such benefits fall tobe considered in the calculation of an IOD pension, apply any relevantreduction and make a note of the calculation for inclusion in the IODInformation Pack.

    3.4.10 Deductible benefits include

    Industrial Injuries Benefits under Sect 94 SSCB 1992: Disablement Benefits:

    i) Disablement Pensionii) Increase for Constant Attendanceiii) Increase for Severe Disablementiv) Unemployability Supplementv) Increase in Unemployability Supplementvi) Disablement Gratuityvii) Disablement Pension increase during hospital treatment

    Reduced Earnings Allowance. Retirement allowance. Industrial Death Benefit.

    Incapacity Benefit until the first day after retirement which is not or is

    deemed not to be a day of incapacity for work. [Replaced byEmployment and Support Allowance]

    Severe Disablement Allowance and any increases

    Deductible benefits do not include: Disability Living Allowance Mobility Allowance Carers Allowance Industrial Injuries payable for a different injury/condition other than the

    qualifying duty injury or the relevant proportion of the industrial injuriesbenefit thereof.

    Incapacity Benefit once there has been a day deemed not to be a dayof incapacity for work [benefit of the doubt principle].

    3.4.11 The degree of disablement is classified in the Regulations as slight, minor,major or very severe as set out in the Table above. Referring to these levelsas Band 1 to Band 4 respectively has become commonplace.

    3.5 Degree of disablement

    3.5.1 Disablement is specifically defined in Regulation 7. Degree of disablementis also explained; it is not the same as degree of disability .

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    3.5.2 The question as to whether a person concerned is disabled and whether thedisablement is likely to be permanent are matters for the SMP (Regulation30(2)).

    3.5.3 Regulation 7(4) states that disablement means inability, occasioned by

    infirmity of mind or body, to perform the ordinary duties of a member of theforce

    3.5.4 Regulation 7(5) states:

    Where it is necessary to determine the degree of a persons disablement itshall be determined by reference to the degree to which his earning capacityhas been affected as a result of an injury received without his own default inthe execution of his duty

    3.5.5 The question as to whether a person concerned came about their disablementon duty and the degree of their disablement are matters for the SMP

    (Regulation 30(2)).

    3.5.6 It is to be stressed that the degree of disablement is not solely a considerationof degree of disability. By virtue of Regulation 7(5), it relates to earningcapacity. It is not a test of whether the person concerned is earning a wagenor is it whether he or she wants to work, whether work of a particular kind isavailable or indeed whether the person concerned would be selected for anyjob which might be available. It is a test of function and given that function,what the earning capacity is of the person concerned as a percentage of whatit would have been but for the relevant injury.

    3.5.7 In order to assess the degree to which earning capacity has been affected asa result of the relevant injury, the SMP will, by reference to a test of function,determine the persons actual earning capacity and the persons earningcapacity but for the relevant injury.

    3.5.8 The persons actual earning capacity will be determined through considerationof what the person could earn at the time the consideration takes place. TheSMP will take account of any representation made by the person concernedwhen determining the earning capacity. The HR department may providedetails of jobs which the person concerned could do to assist the SMP in theirdetermination.

    3.5.9 The persons earning capacity but for the relevant injury will be determinedthrough consideration of what the person would have been able to earn if therelevant injury was not present. This is commonly referred to as thecomparator wage. The SMP will take account of any representation made bythe person concerned when determining the comparator wage and the HRdepartment may provide job details to assist.

    3.5.10 In the absence of arriving at a reasoned determination for the comparatorwage, the SMP will use one of two default figures depending on whether theperson concerned is above or below the age at which an officer in the rank inwhich they retired would have been compulsorily retired. If the personconcerned is below that age, the default comparator will be the salary for anofficer in their former rank as at the time of the determination. If the person is

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    3.7 Appeals

    3.7.1 Regulation 30(6) sets out that the decision of the SMP in respect of the fourquestions referred to him or her shall, subject to Regulations 31 and 32, befinal.

    3.7.2 Regulation 31 provides for an appeal to a police medical appeals board(PMAB). Such an appeal should normally be within 28 days after receivingthe SMP report and must contain the grounds for the appeal. The PMAB canreplace any decision of the SMP and will itself issue a report.

    3.7.3 Regulation 32 provides for a reconsideration of any of the decisions of theSMP or the PMAB if the police authority and the person concerned agree.There is no time limit on this provision which is designed to allow for agreeddefects in an earlier decision to be revisited.

    3.7.4 The reference to the finality of the decisions made by the SMP which initiate

    an IOD award means that any subsequent reassessment (that is a Regulation37(1) reassessment) cannot revisit the initial award. Therefore once an injurypension begins, it will continue for the life of the person concerned. Theamount of the injury pension may however change on reassessment of thedegree of disablement under Regulation 37(1).

    3.8 Reassessment of Injury Pension

    3.8.1 Regulation 37(1) states:

    the police authority shall, at such intervals as may be suitable, considerwhether the degree of the pensioners disablement has altered; and if aftersuch consideration the police authority find that the degree of the pensionersdisablement has substantially altered, the pension shall be revisedaccordingly.

    3.8.2 Consideration of the degree of disablement shall be referred to the SMP asprovided for under Regulation 30(2).

    3.8.3 The reassessment of the degree of disablement applies to IOD pensions. Ithas no bearing on the IOD gratuity, or on any ill-heath pension.

    3.8.4 It is implicit in this Regulation that the degree of disablement can go up or

    down. The police authority is under a duty to consider whether this hashappened. Earning capacity can be affected by both the disability of theperson concerned and the external environment e.g. the emergence of aparticular new job. Both of these factors need to be taken account of in anyreassessment.

    3.8.5 It is stressed that a reassessment under Regulation 37(1) is concerned onlywith whether or not there has been a change: substantially altered, in thewords of the Regulation. It is not open to the SMP to change a pension on areview by virtue of a conclusion that the clinical basis of earlier assessmentwas wrong. In short, unless there has been a change in the disability of the

    person concerned and/or a change in the external factors such as the sudden

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    onset of a new form of job, since the last review, then there cannot be asubstantial change in degree of disablement.

    3.8.6 Reassessment intervals will be different for individual pensioners to reflecttheir individual circumstances. It is therefore inappropriate for there to be a

    rigid timetable for such reviews. Also, any potential revision to the amount ofIOD pension payable relies on a substantialalteration of a degree ofdisablement. Furthermore, pensioners with mental health issues may find thevery process of being subject to a review detrimental to their health.

    3.8.7 The initial award of an IOD pension is predicated on the opinion of the SMPthat the disablement of the person concerned is likely to be permanent. Atthis point in time, the SMP will be able to form a view as to when any changein disability might be expected and the police authority will ask for that opinionto determine what suitable interval is appropriate for a first reassessment. Inrecognition of the fact that a substantial alteration in degree of disablement

    would be necessary before an injury pension is revised, this first interval shallnormally be not less than two years and not more than approximately fiveyears.

    3.8.8 A substantial alteration in the pensioners degree of disablement will be takento mean that his or her banding would alter, except that, if it would bereduced, it will only be considered to be a substantial alteration if the changeis more than 10%. This has the effect of defining as substantial anyalteration which increases the degree of disablement from one band toanother; but excluding any alteration which reduces the degree ofdisablement from one band to another unless it is more than 10%.

    3.8.9 If on any reassessment under Regulation 37(1) the SMP decides that therehas beena substantial alteration in the degree of disablement, the policeauthority will ask for and act on his or her opinion to determine what suitableinterval is appropriate for a subsequent reassessment. This subsequentinterval shall normally be not less than two years and not more thanapproximately five years.

    3.8.10 If on any reassessment under Regulation 37(1) the SMP decides that therehas not beena substantial alteration in the degree of disablement, the policeauthority will ask for and act on his or her opinion to determine what suitableinterval is appropriate for a subsequent reassessment. This subsequent

    interval shall normally be not less than five years and not more thanapproximately ten years.

    3.8.11 If three successive SMP decisions spread over a period of at least sevenyears determine that there have not been any substantial alterations in degreeof disablement, the next suitable interval shall be open ended i.e. the PoliceAuthority will not further reassess the degree of disablement unless eitherasked to do so by the person concerned, or, if information comes to lightwhich would necessitate a further review.

    3.8.12 An IOD pensioner can request a Regulation 37(1) reassessment at any time.

    Such a request will be particularly appropriate if the person concerned hasexperienced a substantial deterioration in health as a result of the relevant

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    injury. The Police Authority will agree to such a request but will normallyrequire an interval of at least two years between reassessments.

    3.8.13 The Police Authority will retain the option to call for a Regulation 37(1)reassessment if information comes to light which would necessitate a further

    review. It is clearly fair both for the Constabulary and for the community thatsomeone who starts out with a pension on the basis of a certain medicalcondition should not continue to draw a pension, or any kind of benefit, whichis no longer justified by reason of some improvement on their condition, or ofcourse the reverse.

    3.8.14Any call-in reassessment as described in 3.8.13 above will only take placewith the authority of the Chief Officer with responsibility for the HR portfolio.

    3.8.15 Any increase in pension as a result of reassessment will be actioned withoutdelay. Any reduction in pension in such circumstances will take effect threemonths after the payday following the decision. Any appeal against a decisionresulting in a reduction will not delay the reduction in pension.

    4.0 Procedure

    4.1 Application for an IOD Award

    4.1.1 Any former officer can apply for consideration of an IOD award. The processfor such consideration will commence with a simple notification to the HRdepartment by the person concerned that he or she wishes to be soconsidered. This notification can be received in any way that is conveniente.g. letter, e-mail or telephone.

    4.1.2 The notification will trigger a formal request from the HR department forinformation to support the application. The request will be accompanied by acopy of this policy to assist the former officer with their understanding of theprocedure; it will be in the form of a questionnaire and included in the requestwill be:

    confirmation of the former officers personal details

    details of the nature of the duty injury

    an update on current health

    any information which the pensioner believes ought to be considered bythe SMP when considering the four questions in Regulation 30(2) includingearning capacity with and without the duty injury

    any documentary evidence to support any of the above including availablemedical reports

    a consent form to obtain medical reports

    details of any benefits being received

    preferred contact details to facilitate consideration by the SMP

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    4.1.3 On receipt of the completed questionnaire, HR department staff willacknowledge the application and prepare the case for consideration by theSMP. This may involve further contact with the applicant to clarify any detailsor to request a meeting with relevant parties. The purpose of this work is togive the SMP the best opportunity to prepare for a subsequent appointment.

    4.1.4 The HR department staff who are involved in the administration of ill-healthretirement and IOD awards are all subject to a signed agreement to ensurethe confidentiality of personal medical details prepared for the information ofthe SMP, or PMAB if appropriate.

    4.2 Consideration of IOD Award

    4.2.1 Before an appointment is made for the person concerned, the SMP will beprovided with the written material available in the case. This will include thereply to the questionnaire. The SMP will determine whether an appointmentis necessary in order to properly answer the questions asked on behalf of theAuthority. The SMP may ask for more information from the HR departmentbefore making this determination.

    4.2.2 In deciding whether it is necessary to call the person concerned for anappointment, the SMP will take into account any known mental health issues.If in the SMPs opinion the attendance of the person concerned for anappointment would be detrimental to their mental health, and the SMP is ableto properly answer the questions from the Authority, then the SMP candetermine that an appointment is not necessary.

    4.2.3 If in deciding whether it is necessary to call the person concerned for an

    appointment, the SMPs opinion is that the written material on its own for anyill health matter is sufficient to properly answer the questions from theAuthority, then the SMP can determine that an appointment is not necessary.

    4.2.4 If the SMP determines that an appointment is not necessary, the personconcerned can nevertheless ask for an appointment as part of the SMPsconsideration and an appointment will be arranged.

    4.2.5 Once the SMP has determined that an appointment is necessary, or one isrequested by the person concerned, HR staff will make the arrangements.The appointment will normally be at the Occupational Health Unit at police HQ

    or the SMPs surgery. The SMP will consider any request by the personconcerned for an appointment elsewhere and will take into account anyrepresentation made e.g. anxiety about attending police premises.

    4.2.6 Reasonable travel expenses will be paid for IOD pensioners to attend for anappointment.

    4.2.7 At the conclusion of the appointment, the SMP will prepare a report.Regulation 30(7) states that the report from the SMP shall be supplied to theperson who is the subject of that report. The regulations and policysurrounding IOD awards are complex and the Authority wants to ensure that,as far as practicable, former officers are provided with further information toassist understanding and demonstrate transparency of the process which willbe more information than required by the Regulations. This will be achieved

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    with the provision of an IOD Information Pack after the SMP or PMAB hasprovided the report.

    4.3 IOD Information Pack

    4.3.1 An IOD Information Pack will be provided at the conclusion of referrals to amedical authority under Regulations 30, 31, 32 or 37 (initial consideration,appeal to PMAB, reconsideration or reassessment) and will contain as aminimum:

    a covering letter setting out the conclusion to the respective process

    a copy of this policy document

    a copy of the SMP or PMAB report with attachments if appropriate

    a copy of the financial calculations for any gratuity and pension

    advice as to any appeal route open to the person concerned

    4.4 Appeals

    4.4.1 Appeals can be under Regulations 31 or 32.

    4.4.2 Regulation 31(1) states that where a person is dissatisfied with the decisionas set out in the SMPs report, an appeal may be made to the PMAB. Noticeof an intention to appeal should be given to the HR department within 28 daysof receiving the SMPs report. A further 28 days is allowed to provide thegrounds for the appeal. These time limits will be treated flexibly as is allowed

    for under the Regulation.

    4.4.3 On receipt of the grounds for appeal, the HR department will refer the matterto the PMAB who will hear the case. If the PMAB disagrees with any decisionof the SMP, it will issue a report to replace the report by the SMP, which willbe final. At this point a new IOD Information Pack will be issued with thePMAB report taking the place of the SMP report.

    4.4.4 Regulation 32(2) allows for the police authority and the claimant to agree torevisit any previous final decision of a medical authority. A former officer whowishes to pursue a Regulation 32(2) referral should write to the Constabulary

    for the information of the Chief Officer with oversight of the HR departmentsetting out brief details as to why this should be considered. The Chief Officerwill consider the matter and take HR advice as appropriate before making adetermination.

    4.4.5 In deciding whether to agree to a Regulation 32(2) referral, the Chief Officerwill look to use the provision as a mechanism to correct mistakes either as tofact or as to law. If the case is made on either of these grounds, the Authoritywill agree to a referral.

    4.5 Reassessment

    4.5.1 The procedure for a Regulation 37(1) reassessment will be initiated by the HRdepartment who will write to the IOD pensioner to inform him or her that a

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    reassessment is due. The letter will be accompanied by a copy of this policyas a reminder to the former officer, and copies of the previous SMP report andthe previous financial calculation all of which had been provided as part of theIOD Information Pack after the last assessment. The letter will include aquestionnaire and included in the request will be:

    confirmation of the pensioners personal details

    an update on current health

    any information which the pensioner believes ought to be considered bythe SMP when considering the question in Regulation 30(2)(d) relating toearning capacity with and without the duty injury

    any documentary evidence to support any of the above including availablemedical reports

    a consent form to obtain medical reports

    details of any benefits being received

    preferred contact details to facilitate consideration by the SMP

    4.5.2 If the person concerned was previously assessed as having a slight degree ofdisablement (band 1), then an additional note will be included with the letter.It will explain that if it is the pensioners view that there has been no change inhis or her degree of disablement and they wish their reassessment to reflectthis position, they can elect for this to be the case and no further information is

    required. In such a case, the SMP will make the decision on that informationalone and is bound to conclude that there has been no substantial change inthe degree of disablement.

    4.5.3 On receipt of the completed questionnaire, HR department staff willacknowledge it and, with the exception of the band 1 example in theparagraph above, prepare the case for consideration by the SMP in the sameway as for consideration for the initial award.

    4.5.4 The SMP will consider the necessity for an appointment in the same way asfor consideration for the initial award.

    4.5.6 If the person concerned was previously assessed as having a slight degree ofdisablement (band 1), then in deciding whether it is necessary to call theperson concerned for an appointment, the SMP can assume that there hasnot been a substantial change in degree of disablement and that anappointment is therefore not necessary.

    4.5.7 If the person concerned is on band 1 and requests an appointment, then anappointment will be arranged.

    4.6 Refusal to be Medically Examined

    4.6.1 Regulation 33 explains that if a person concerned wilfully or negligently fails tosubmit to a medical examination when the medical authority has been askedquestions under the Regulations, the Authority is entitled to make their

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    determination on such evidence and medical advice as they in their discretionthink necessary. If this happens at the PMAB, the appeal shall be deemed tobe withdrawn.

    Ends

    DCC John Feavyour

    30th August 2012


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