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POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006

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SCHEDULE 2

Regulation 9(1)

PART 1AMENDMENTS OF THE 1988 REGULATIONS

1.  In regulation A7 (persons treated as being in receipt of a pension)—

(a)for the words “, ill-health or as the case may be, injury” there are substituted the words “or as the case may be, ill-health”; and

(b)paragraph (c) is omitted.

2.  In regulation B5(2)(b) (member’s deferred pension) there are inserted at the end the words “or to an award under regulation 10 of the Injury Benefit Regulations ”.

3.  In regulation B6(1)(b) (award by way of repayment of aggregate pension contributions) after the words “this Part” there are inserted the words “or to an award under regulation 10 of the Injury Benefit Regulations”.

4.  In regulation B7(8)(b) (commutation - general provision) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

5.  In regulation B8 (commutation – small pensions) —

(a)in paragraph (1) after the words “together with” there are inserted the words “any injury pension to which he is entitled under regulation 10 of the Injury Benefit Regulations,”; and

(b)in paragraph (3) after the words “one pension” there are inserted the words “(including an injury pension under regulation 10 of the Injury Benefit Regulations)”.

6.  In regulation C1(1)(b) (widow’s ordinary pension) for the words “and an injury pension” there are substituted the words “pension under regulation B3 and an injury pension under regulation 10 of the Injury Benefit Regulations”.

7.  In regulation C5(2) (limitation on award to widow) the words “, C2” are omitted.

8.  In regulation C6 (widow’s requisite benefit and temporary pension)—

(a)in paragraph (1) for the words “,C2(1) or C4(1)” there are substituted the words “ or C4(1) or not entitled to an adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”;

(b)in paragraph (2) after the words “an injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”; and

(c)in paragraph (4)(b) for the words following the words “such a pension” there are substituted the words “under regulation 10 of the Injury Benefit Regulations but for his entitlement to additional benefit within the meaning of paragraph 7(3) of Schedule 3 to those Regulations and, where he is, or is so treated as being, in receipt of such a pension, the provisions of paragraph 7(3) shall be disregarded in determining the weekly amount of that pension.”.

9.  In regulation C7(1) (widow’s award where no other award payable)—

(a)the words “,C2” are omitted; and

(b)after the word “applies” there are inserted the words “and who has no entitlement to a adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”.

10.  In regulation D1(b) (child’s ordinary allowance) for the words “ill-health and an injury pension” there are substituted the words “ill-health pension under regulation B3 and an injury pension under regulation 10 of the Injury Benefit Regulations”.

11.  In regulation D5 (child’s allowance - limitations)—

(a)in paragraph (1) the words “or gratuity” and “and “a special gratuity”” are omitted;

(b)paragraph (7) is omitted;

(c)in paragraph (8) for the words “,(5) and (7)” there are substituted the words “and (5)”; and

(d)in paragraph (9) the words “or special gratuity” are omitted.

12.  In regulation E3 (gratuity - estate)—

(a)in paragraph (2)(a) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”;

(b)in paragraph (2)(c) after the word “including” there are inserted the words “any such pension or allowance granted under the Injury Benefit Regulations and”; and

(c)in paragraph (2)(d) there are inserted at the end the words “(including any such gratuity granted under the Injury Benefit Regulations)”.

13.  In regulation E4(6) (gratuity in lieu of widow’s pension) the words “or special” in both places where they appear are omitted.

14.  In regulation E7 (prevention of duplication)—

(a)in paragraph (1)(a) after the words “Part C” there are inserted the words “of these Regulations or under regulation 12 of the Injury Benefit Regulations”, and

(b)in paragraph (1)(b) for the words “or an adult dependent relative’s pension under regulation E1” there are substituted the words “or a child’s special allowance under regulation 16 of the Injury Benefit Regulations or an adult dependent relative’s special pension under regulation 19 of the said Regulations”.

15.  In regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)—

(a)in paragraph (1) the word “, special” in both places where it appears is omitted;

(b)in paragraph (2)(i) for the words from “paragraph 4” to “member’s” there are substituted “paragraph 7(3) of Schedule 3 to the Injury Benefit Regulations (police officer’s”; and

(c)in paragraph (2)(ii) after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

16.  In regulation G1(5)(a) (pensionable and average pensionable pay) the words from “regulation B4” to “augmented award)” and the words from “D2” to “special pension)” are omitted.

17.  In regulation H1(2) (reference of medical questions), the words from “and, if they are further considering” onwards are omitted.

18.  In regulation J1(guaranteed minimum pension)—

(a)in paragraph (2)(b) after the words “Part B” there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations”;

(b)in paragraph (2)(c)(ii) after the words “Part B” there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations” and after the words “regulation K4” there are inserted the words “ or, as the case may be, regulation 37 of the Injury Benefit Regulations”;

(c)in paragraph (3) after the words “Part B” in the first place where they appear there are inserted the words “or an injury pension under regulation 10 of the Injury Benefit Regulations”;

(d)in paragraph (3)(a) the words “other than an injury pension” are omitted and for the words “and some other” there are substituted the words “under regulation 10 of the Injury Benefit Regulations and a”;

(e)in paragraph (3)(b) the words “, in the case of a pension other than an injury pension,” are omitted;

(f)in paragraph (4)(a) after the words “Part C” there are inserted the words “or an adult survivor’s special award under regulation 12 of the Injury Benefit Regulations”;

(g)in paragraph (4A)(a) the words from “under regulation E1(3)” to “regulation E1(1)(c) or” are omitted and after the words “Part C” there are inserted the words “or under regulation 19 of the Injury Benefit Regulations (adult dependent relative’s special pension) by virtue of paragraph (1)(c) of the said regulation”;

(h)in paragraph (5) after the words “Part C” in the first place where they appear there are inserted the words “or a special pension under regulation 12 of the Injury Benefit Regulations” and after the words “Part C” in the second place where they appear there are inserted the words “or such a special pension as aforesaid”;

(i)in paragraph (5A) for the words “E1(3) by virtue of regulation E1(1)(c)” there are substituted the words “19 of the Injury Benefit Regulations by virtue of paragraph (1)(c) of that regulation”; and

(j)in paragraph (6)(c) the words “or under regulation E1” are omitted.

19.  In regulation K1(cancellation of pensions)—

(a)at the heading the words “and injury” are omitted; and

(b)in paragraph (4) the letter “(a)” which precedes sub-paragraph (a), the word “and” which follows that sub-paragraph and sub-paragraph (b) are omitted.

20.  In regulation K3 (reduction of pension in case of default) the words “or injury” are omitted.

21.  In regulation K4(1)(withdrawal of pension during service as a policeman) the words “or under regulation E1 (adult dependent relative’s special pension)” are omitted.

22.  In regulation K5(1) (forfeiture of pension) the words “or under regulation E1 (adult dependent relative’s special pension)” are omitted.

23.  In regulation L2 (payment and duration of awards)—

(a)paragraph (1)(b) is omitted;

(b)in paragraph (2)(ii) the words “other than an injury gratuity under regulation B4” are omitted;

(c)paragraph (3)(d) is omitted.

24.  In Schedule A (glossary of expressions) there is inserted at the appropriate place the following definition—

“the Injury Benefit Regulations” means the Police Service of Northern Ireland (Injury Benefit) Regulations 2006”.

25.  In paragraph 1(2)(b) of Part I of Schedule C (widow’s ordinary pension) for the words “ill-health and an injury pension” there are inserted the words “an ill-health pension under Part B and an injury pension under regulation 10 of the Injury Benefit Regulations”.

26.  In paragraph 1 of Part IV of Schedule C (widow’s pension in case of post-retirement marriage)—

(a)for the words “or special award under regulation C1 or C2” there are substituted the words “under regulation C1”, and

(b)sub-paragraph (c) and the word “and” immediately preceding it are omitted.

27.  In paragraph 1 of Part I of Schedule D (child’s ordinary allowance)—

(a)in sub-paragraph (4) for the words “,ill-health or injury pension” there are substituted the words “or ill-health pension or an injury pension under regulation 10 of the Injury Benefit Regulations”; and

(b)in sub-paragraph (5) after the words “ill-health pension” there are inserted the words “under Part B” and after the words “injury pension” there are inserted the words “under regulation 10 of the Injury Benefit Regulations”.

28.  In paragraph 3(1)(b) of Part I of Schedule D (child’s ordinary allowance) for the words “ill-health and an injury pension” there are inserted the words “an ill-health pension under Part B and an injury pension under regulation 10 of the Injury Benefit Regulations”.

29.  In paragraph 6(1C)(j) of Part IV of Schedule J (pensionable service), the words “and injury” are omitted.

30.  In paragraph 4(4) of Part VI of Schedule J (pensionable pay and contributions etc.), paragraphs (a), (b), (f), (i) and (j) are omitted.

Regulation 9(2)

PART 2REVOCATIONS

TitleReferenceExtent of revocation
The Royal Ulster ConstabularyS.R. 1988 No. 374Regulation A10
Pensions Regulations 1988In regulation A11(2), the words “Subject to paragraph (3)”
Regulation A12
Regulation B4
Regulation C2
Regulation C3
Regulation D2
Regulation D3
Regulation E1
Regulation K2
In Schedule A, the definitions of the expressions “injury”, “injury received in the execution of duty” and “the result of an injury”
Part V of Schedule B
Part II of Schedule C
Part II of Schedule D
Part I of Schedule E
In Schedule J, paragraphs 5 and 6 of Part I, paragraph 6 of Part II and paragraph 1 of Part VII
The Royal Ulster Constabulary (Injury Benefit) Regulations 1988S.R. 1988 No. 376The whole regulations
The Police Service of Northern Ireland Pensions (Amendment) Regulations 2006S.R. 2006 No.123Paragraph 6 of Schedule 1

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