The Police (Injury Benefit) (Scotland) Regulations 2007

Death gratuity

21.—(1) Subject to paragraph (2), this regulation applies to a member of a police force who receives or received an injury without their own default in the execution of their duty and within 12 months of receiving that injury dies or has died as a result of it.

(2) In the case of a person who had ceased to serve as a member of a police force before their death, this regulation shall apply to that person only if their death also occurred before any decision by a medical authority under regulation H1, H2 or H3 of the 1987 Regulations(1) that the officer was totally and permanently disabled as a result of that injury; and where this regulation so applies it shall apply to the exclusion of regulation 12.

(3) Subject to the provisions of regulations 22 and 23, where a member to whom this regulation applies–

(a) leaves an adult survivor (unless, by reason of regulation 15 or 16, they would not qualify for a special award under regulation 13);

(b) does not leave any such adult survivor, but leaves a child (unless, by reason of regulation 19(1), (4), (5) or (6) that child would not qualify for a special allowance under regulation 17); or

(c) does not leave any such adult survivor or child, but leaves a dependent relative to whom a special pension may be paid under regulation 20,

the police authority shall pay to the adult survivor or, as the case may be, to the child or dependent relative, a gratuity of an amount equal to whichever is the lesser of–

(i) 5 times the annual value of their pensionable pay on their death or, if earlier, on their last day of service as a member of a police force; or

(ii) the sum of 4 times their total remuneration during the 12 months ending with their death or, if earlier, with their last day of service as a member of a police force and the amount of their aggregate pension contributions in respect of the relevant period of service.

(4) Where a member of a police force to whom this regulation applies leaves 2 or more children or 2 or more dependent relatives, then the amount of the gratuity so payable shall be divided by the police authority among the children or dependent relatives (as the case may be) in their discretion.

(1)

S.I. 1987/257; relevant amendments were made by S.I. 1988/1339, 1989/733, 1990/805, 1992/343 and 2349, 1994/641, 1996/867 and 1997/2852 and S.S.I. 2001/459, 2003/406, 2004/486, 2005/200 and 495 and 2006/285.