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Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

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Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Post by Beachcomber on Wed Mar 16, 2016 1:51 pm

The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016


Injury Benefits
Under the Police (Injury Benefit) (Scotland) Regulations 2007, Special and Augmented
awards are payable to survivors of officers who die as a result of an injury sustained on
duty. Following an announcement by Scottish Ministers in October 2015, Special and
Augmented pensions will no longer be withdrawn on remarriage, registration of a civil
partnership or cohabitation. In addition any Special and Augmented pensions already
withdrawn are reinstated from 1 October 2015.

Secondly, under Schedule 3 of the injury benefit regulations, the level of injury pension
payable to recipients can be adjusted depending on “additional benefits” payable by the
state. Regulation 31 of the instrument includes a retrospective change to include
contributions-based Employment Support Allowance as an “additional benefit”.
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Re: Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Post by Adversity on Tue May 31, 2016 6:54 pm

Taken from Narpo website http://www.narpo.org/index.php/pensions/injury-pensions.html

HOME OFFICE CONFIRM ESA DEDUCTION WILL NOT BE MADE RETROSPECTIVE
We have today received an email from the Home Office confirming that whilst they will be seeking to amend the Regulations to make ESA a deductible benefit, that change will not be made retrospective. See below email:
From: Police Pension Team
Sent: 06 April 2016 14:40
Subject: RE: Employment and Support Allowance - Update
Dear colleagues,
As you may be aware there has been an inconsistent approach being adopted by forces regarding the deduction of Employment and Support Allowance (ESA).
We have confirmed in the past that we will be amending the Police (Injury Benefit) Regulations 2006 to make it express on the face of legislation that ESA payments are to be deducted. Until the Regulations are amended, the advice remains that forces should comply with the current Regulations.
Please note that these changes will not have retrospective effect and will come into force on the date of implementation.
The Home Office will be providing further updates, including the intended implementation date, in due course.
Kind Regards,
Police Pension Team

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Re: Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Post by Roger Melly on Sat Jun 04, 2016 6:32 pm

Not applicable to myself but I am sure it will reduce a lot of anxiety to many police injury pensioners. Well done to all that have thought for this ruling.

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Re: Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Post by White Horse on Sat Jun 04, 2016 9:35 pm

It does appear that the government are working to reclaim any ESA being paid to IOD recipients by reducing their entitlement again.
So officers could have a cut of around £400 a month when this amendment goes through.

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Re: Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Post by Roger Melly on Sun Jun 05, 2016 12:22 am

I think the victory is in it not being retrospective. ESA replaced a benefit which was deductible from injury awards.

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Re: Retrospective ESA and the Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

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