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Wed Apr 18, 2018 9:18 am by Admin

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» The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018
Fri Mar 09, 2018 8:40 pm by Rma

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The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

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The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Admin on Sat Mar 03, 2018 3:49 pm



The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Rma on Sat Mar 03, 2018 5:29 pm

What does this exactly mean ? Sorry but struggle understanding all this

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Sat Mar 03, 2018 6:38 pm

I contacted the appropriate dept for ESA early last year and I was verbally informed by them that because I had savings in excess of 16k I was not eligible for the benefit and that it would be a waste of my time and their time in applying for it. I may even have a record of conversation recorded on google drive. I was not aware of industrial disibility benefit entitlement but if that is means tested as well that would be a waste of time also. I have never attained any benefits only for about a week and now cannot work at all because of injury to my back. Derbyshire police ask me every year what benefits I receive and I always confirm none. This also appears a bit over my head also.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Admin on Sat Mar 03, 2018 6:43 pm

This is what IODPA say:

Reduction of Employment and Support Allowance ('ESA') from injury pensions finally gets put on to the statute books.

Our advice to our members remains the same.

You will need to make an application to the DWP for ESA and also Industrial Injuries Disability Benefit (‘IIDB’), as both are now deductible benefits from an IOD award.

If successful with an application, the equivalent amount of money will be taken off your injury pension.

If unsuccessful with the DWP, please do not worry. Forces will not deduct any monies, but they will need to see that pensioners have applied and failed, so please ensure that a copy of your refusal from the DWP is forwarded to your force.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Sat Mar 03, 2018 6:47 pm

I will make relevant applications next week.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by White Horse on Sat Mar 03, 2018 10:08 pm

Well, I should be pleased I got ESA and IOD for a year. It paid for replacement windows so we are warmer. Now I've dropped off the ESA but the DSS are still chalking up National Insurance "stamps", which I'm sure you don't get unless you apply for ESA. This is very important if you are below state pension age.

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Rma on Sun Mar 04, 2018 5:36 pm

What did you do when you stopped receiving ESA ie when did you inform the police force, do forces look badly on it if you have claimed ESA and then don’t ? Always makes me wary that they may think it strange that someone was once receiving it then they don’t and as they are so keen on reviews maybe this would give more reason for it.

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Mon Mar 05, 2018 5:26 pm

I noticed we are not advised to claim pip? Any reason for that? What a job I had today claiming esa, which will be nil award, just to retain my pension.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Beachcomber on Mon Mar 05, 2018 6:01 pm

This is the latest on this from the NARPO web site:

Employment Support Allowance and Injury Awards Latest
An important change to the Police [Injury Benefit] Regulations 2006 that was made via Statutory Instrument on 2nd March 2018.

The PIBR have been amended and this amendment rectifies the situation created via the previous amendment which made ESA deductible from an injury award in any circumstances, even if for a different illness/injury than the illness/injury subject of the injury award.

This amendment to the PIBR 2006, now treats ESA in a similar way as Incapacity Benefit was treated under the Regulations, in that an injury award is not reduced in respect of second or subsequent post retirement entitlement to employment and support allowance. It also has the effect that there is no reduction in respect of employment and support allowance in circumstances where there has been a previous reduction of an individual’s injury pension on the basis of entitlement to incapacity benefit and post retirement the individual has a subsequent new entitlement to employment and support allowance. Section 1(5) of the Police Pensions Act 1976 (c. 35) enables these Regulations to make retrospective provision and these amendments have effect from 10th February 2017.

This is good news for many of our members and those who have had their Injury Award deducted from their Injury Pension contrary to the above since February 2017 should now seek recompense for the amount deducted by contacting their Pension Administrator explaining the nature of their previous deduction and the new amendment to the Regulations.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by White Horse on Tue Mar 06, 2018 10:50 pm

Rma wrote:What did you do when you stopped receiving ESA ie when did you inform the police force,  do forces look badly on it if you have claimed ESA and then don’t ?
I did nothing. ESA was not deductible in 2015 when I received it. So the IOD award was not affected.
I'm still a live ESA claim, but get nothing from the DWP.

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Thu Mar 08, 2018 1:29 am

Having taken advice today I do not intend to claim industrial disability benefit at this time. I feel there would be a potential negative impact if a lower level of disability was their assessment. I have claimed ESA and will receive a nil banding. Should have done that several years ago as they will pay your national insurance contributions. Quite surprised to hear that where we opted out we would require 40 years of contributions.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Rma on Thu Mar 08, 2018 9:04 am

Oswald- I’m totally lost now. I was on incapacity benefit and as I understand that is now called ESA and I have never had my national insurance contributions paid by them. I am having to pay the voluntarily. Could anyone clarify this as I’m sure DWP wouldn’t have made such a major mistake if they should have been paying my NI.

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Thu Mar 08, 2018 9:41 am

When I was recently advised to apply for ESA which is a deductible benefit I realised I was not eligible for it as it is means tested and I had not paid any NO contributions in last 2 years. Irrespective of that I applied for it. Whilst I have received a nil award, which I can show to PPA to confirm my ineligibility I did though make an application for NI contributions to be paid and they do this even though I get a nil ESA payment. Should have done this earlier.
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Rma on Thu Mar 08, 2018 5:08 pm

so it’s not the DWP that pay your NI you pay for it voluntarily out of tour policie pention am I right ?

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by oswald on Thu Mar 08, 2018 5:14 pm

Wrong, they pay it is my understandings
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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

Post by Rma on Fri Mar 09, 2018 8:40 pm

Well they have never paid mine so really don’t understand. Can anyone else shed any light on this ?

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Re: The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

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