The Police Pension Account (Scotland) Regulations 2010

Awards under the Injury Benefits Regulations

7.—(1) This paragraph applies where a person is entitled to receive, in respect of any particular period, payments on account of—

(a) an award under the provisions mentioned in paragraph (2); and

(b) an award under the 1987 Regulations or the 2007 Regulations in respect of the death of the same person but for the prevention of duplication provisions.

(2) The provisions mentioned in this paragraph are—

(a) regulations 13 (adult survivor’s special award), 14 (adult survivor’s augmented award), 17 (child’s special allowance) and 20 (adult dependent relative’s special pension); and

(b) regulations C2, C3, D2 and E1 of the 1987 Regulations(1).

(3) Where paragraph (1) applies—

(a) the award set out in paragraph (1)(b) is payable by a police authority out of its Police Pension Account; and

(b) the award set out in paragraph (1)(a) is payable by a police authority in part out of its Police Pension Account and in part out of its Police Operating Account in accordance with paragraphs (4) and (5).

(4) That part of the award which is equal to the award set out in paragraph (1)(b) is payable by the police authority out of its Police Pension Account.

(5) The remainder of the award is payable by the police authority out of its Police Operating Account.

(6) This regulation is without prejudice to the operation of the prevention of duplication provisions.

(7) In this regulation “the prevention of duplication provisions” means regulation E7 of the 1987 Regulations, regulation 49 of the 2007 Regulations and regulation 27 of the Injury Benefit Regulations.

(1)

Regulations C2, C3, D2 and E1 were the corresponding provisions of the 1987 Regulations to regulations 13, 14, 17 and 20 of the Injury Benefit Regulations and were in force until 6th April 2006.