Search Legislation

The Police (Compensation) Regulations 1974

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Compensation payable on the death of a claimant

24.—(1) Where a person to whom this part of these Regulations applies dies, payments in accordance with this Regulation shall be made to or for the benefit of his widow or child or to his personal representatives or as the case may be, to trustees empowered by him to stand possessed of any benefit under the Police Pensions Regulations.

(2) Where the widow or child has become, or but for the person's loss of office as a member of a police force would have become, entitled to benefits under the Police Pensions Regulations, the widow or child, as the case may be, shall (subject to the provisions of this Regulation) be entitled to compensation calculated from time to time in accordance with the methods prescribed by the Police Pensions Regulations modified as follows:—

(a)where the person dies before becoming entitled to receive retirement compensation, and the Police Pensions Regulations provide that when he dies in service his widow or child shall be entitled for any period to a benefit equal to his pensionable pay, the annual rate of compensation for that period shall be equal to the annual amount of his long-term compensation calculated in accordance with paragraphs (1) to (3) of Regulation 14;

(b)where the person dies before becoming entitled to receive retirement compensation and the Police Pensions Regulations provide that when he dies in service his widow or child shall be entitled for any period to a benefit calculated by reference to the pension or ill-health pension which would have been payable to him if he had retired immediately before his death, the compensation for that period shall be calculated by reference to the retirement compensation to which he would have been entitled under Regulation 20 if that Regulation had been applied to him immediately before his death;

(c)where a person dies after becoming entitled to receive retirement compensation and the Police Pensions Regulations provide that when he dies after having retired his widow or child shall be entitled for any period to a benefit equal to his pension, the annual rate of compensation for that period shall be equal to the anual amount of retirement compensation;

(d)where a person dies after he has become entitled to receive retirement compensation and the Police Pensions Regulations provide that when he dies after having retired his widow or child shall be entitled for any period to a benefit calculated by reference to his pension, the annual rate of compensation for that period shall be calculated by reference to the annual amount of retirement compensation that would have been payable to him but for any reduction or suspension under Regulation 28(1).

(3) Calculation of the amounts described in paragraph (2) shall be subject to the following adjustments, that is to say—

(a)where any retirement compensation has been surrendered under Regulation 18(5) or compounded under Regulation 31 any sum payable under paragraph (2)(b) or (d) shall be calculated as if such surrender or compounding had not taken place;

(b)if immediately before his death the person's long-term compensation was reduced under Regulation 14(4) or 30 or his retirement compensation was reduced or suspended under Regulation 28(1) by reason of employment in which he was subject to a pension scheme and the widow or child is entitled under that scheme for any period to a benefit equal to his pensionable renumeration, regard shall be had to any such reduction or suspension for the purpose of sub-paragraphs (a) and (c).

(4) If the person in question suffered a diminution of emoluments, the provisions of paragraph (2) shall apply with the substitution of references to diminution of emoluments for references to loss of employment, and the sums payable to his widow or child shall be calculated, as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution.

(5) Compensation payable in accordance with this Regulation shall be payable on the like conditions in all respects as a widow's pension or, as the case may be, a child's allowance under the Police Pensions Regulations and, accordingly, the provisions of those Regulations (including any provision for the commutation of a pension or allowance for a gratuity) shall apply, subject to any necessary modifications, in relation to such compensation as they apply in relation to such a pension or allowance.

(6) Except where retirement compensation payable to the deceased person has been reduced under Regulation 22(1), the payments by way of compensation under this Regulation shall, in the aggregate, be reduced by an amount the capital value whereof is equal to the amount of any award by way of repayment of aggregate contributions received by him under the Police Pensions Regulations and either not paid to the compensating authority in accordance with Regulation 22(1) or refunded to him by that authority; and, where payments under this Regulation are made to or for the benefit of two or more persons, the said reduction shall be apportioned between those payments according to the capital value thereof.

(7) Where a person to whom this part of these Regulations applies dies and, but for his loss of office as a member of a police force, the police authority would have had discretion to grant gratuity to a person who was substantially dependent on him immediately before his death, the compensating authority shall have a like discretion to grant a gratuity calculated in accordance with the methods prescribed by the Police Pensions Regulations.

(8) In this Regulation and in Regulation 26 the expression “childhas the same meaning as in the Police Pensions Regulations and related expressions shall be construed accordingly.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources