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

Abatement of certain gratuities in respect of gratuities otherwise payable

21.—(1) The amount of any gratuity payable to a police officer under regulation 11 shall be reduced by deducting from it the amount of any gratuity paid, or treated as paid, to him under regulation 10 or under regulation B2(4) or B3(4) of the 1988 Regulations.

(2) The amount of any gratuity payable to any person under regulation 20 in respect of the death of a police officer shall be reduced by deducting from it—

(a) the amount of—

(i) any gratuities paid, or treated as paid, to the police officer or his estate under regulation 10 or under regulation B2(4), B3(4) or E3 of the 1988 Regulations; and

(ii) any death grant paid under regulation E3A of the 1988 Regulations;

(b) in the case of an adult survivor, where a gratuity under regulation 12(2) is payable to him or his estate—

(i) unless sub-paragraph (ii) applies, the amount of the gratuity;

(ii) where the said amount falls to be calculated in accordance with regulation 13(2), an amount equal to the amount of the gratuity which would be payable to him or his estate under regulation 12(2) if—

• (A) regulation 13 had not applied;

• (B) the deceased officer had died while serving as a police officer (whether or not he was in fact so serving when he died); and

• (C) the deceased officer’s average pensionable pay was greater than 2 ¼ times the annual amount of the ill-health pension which would have been payable under regulation B3 of the 1988 Regulations to the deceased officer if he had retired on the grounds of permanent disability on the day on which he had died (whether or not it was in fact greater); and

(c) in the case of any other person, the amount of any gratuity paid to that person or his estate in respect of the death of that member under regulation 17 or regulation E2 of the 1988 Regulations.

(3) In any case where, by reason of regulation 20(4), a payment in respect of the death of a police officer falls to be divided among two or more persons, that payment shall, before it is so divided, be reduced by deducting from it the amount of any gratuities paid as mentioned in paragraph (2).