The Police (Injury Benefit) (Scotland) Regulations 2007

Abatement of certain gratuities in respect of gratuities otherwise payable

22.—(1) The amount of any gratuity payable to a member of a police force under regulation 12 shall be reduced by deducting from it the amount of any gratuity paid, or treated as paid, to that member under regulation 11 or under regulation B2(4) or B3(4) of the 1987 Regulations.

(2) The amount of any gratuity payable to any person under regulation 21 in respect of the death of a member of a police force shall be reduced by deducting from it–

(a) the amount of–

(i) any gratuities paid, or treated as paid, to the member or their estate under regulation 11 above or under regulation B2(4), B3(4) or E3 of the 1987 Regulations; and

(ii) any death grant paid under regulation E3A of the 1987 Regulations;

(b) in the case of an adult survivor, where a gratuity under regulation 13(2) is payable to them or their estate–

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

(ii) where the amount falls to be calculated in accordance with regulation 14(2), an amount equal to the amount of the gratuity which would be payable to them or their estate under regulation 13(2) if–

(A) regulation 14 had not applied;

(B) the deceased officer had died while serving as a member of a police force (whether or not the officer was in fact so serving when they died); and

(C) the deceased officer’s average pensionable pay was greater than 2_ times the annual amount of the ill health pension which would have been payable under regulation B3 of the 1987 Regulations to the deceased officer if the officer had retired on the grounds of permanent disability on the day on which they 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 their estate in respect of the death of that member under regulation 18 above or regulation E2 of the 1987 Regulations.

(3) In any case where, by reason of regulation 21(4), a payment in respect of the death of a member of a police force falls to be divided among 2 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).