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Injury Benefit Reassessment

The purpose of the reassessment of Injury Benefit (otherwise known as an Injury Pension or Injury Award) is to ensure that the recipient (the Injury Pensioner) receives the correct level of Injury Benefit.

The reassessment of the degree of Injury Pensioners' disablement has been decided by Chief Constable Jane Sawyers in her capacity as Police Pension Authority for Staffordshire Police. This is so as to ensure as far as possible that an injury pensioner does not continue to be overpaid or underpaid where there has been a substantial alteration in the degree of their disablement.

Injury Benefit is only payable after the individual has ceased to be a police officer.  Assessment by the Selected Medical Practitioner (SMP) is a separate process to the SMP's assessment for ill health retirement. 

Injury Benefit is not payable for injuries or medical conditions which are not the result of injuries sustained in the execution of duty.

If you have an enquiry about this process please visit the Frequently Asked Question section here. If you can't find the answer to your question click here and fill in the online contact form and a member of the team will get back to you about your specific enquiry.

Factors which can affect the SMP's reassessment

Regulation 37 of the Police (Injury Benefit) Regulations 2006 provides that an injury award is only revised if there has been a substantial alteration to the pensioner's disability.  In this, "substantial" has been determined by case law to mean that there must be such a significant alteration to the pensioner's medical condition or overall earning capability that will affect the percentage in that it warrants a move from one band to another.  This can be up or down.

Factors which may affect such a change are:

A substantial deterioration or improvement in the pensioner's overall medical condition 

This can be either the actual qualifying injury giving rise to the award itself or any other medical condition that impacts on the pensioner's overall work capability.  In this respect, if there is no substantial change to the qualifying injury, but a substantial change to the pensioner's overall medical condition, which of itself has a greater impact on earning's capability, this can be taken into account by way of apportionment.  The SMP can take account only of the causes relating to the qualifying injury.  The SMP    cannot introduce into the reassessment any new medical conditions caused by injuries sustained on duty which were not part of the original assessment for an injury award.

A substantial change to the overall earning capability of the pensioner

Notwithstanding there is no identified change to the pensioner's actual medical condition, it is possible for the matter to be assessed with regards to recognised changes in the employment field that may substantially affect their overall earning capacity.  To this end it would be possible to recognise that there are either work, education or training prospects available that were not so previously, or that work possibilities taken into account previously no longer exist.  Either scenario could give rise to a determination that a substantial downgrading or upgrading of the award is possible.  

Age 

The fact that an injury pensioner has now reached State Pension Age no longer means that their award will be reduced automatically to Band 1 (the lowest banding).  The same criteria must be applied as outlined above in all cases. 

Overview of Injury Benefits Reassessments

meeting around table blueThe purpose of the reassessment of Injury Benefit (otherwise known as an Injury Pension or Injury Award) is to ensure that the recipient (the Injury Pensioner) receives the correct level of Injury Benefit. 

The reassessment of the degree of Injury Pensioners' disablement has been decided by Chief Constable for Staffordshire Police. This is so as to ensure as far as possible that an injury pensioner does not continue to be overpaid or underpaid where there has been a substantial alteration in the degree of their disablement.

Injury Benefit is only payable after the individual has ceased to be a police officer.  Assessment by the Selected Medical Practitioner (SMP) is a separate process to the SMP's assessment for ill health retirement. 

Injury Benefit is not payable for injuries or medical conditions which are not the result of injuries sustained in the execution of duty.

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