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INJURY ON DUTY AWARD POLICY

CONTENTS

1. 2. 3.

Introduction Applicability The Policy 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Payment Police Officers Injury Award Granting of an IOD Award Calculation of the Amount of an IOD Award Degree of Disablement Reports by the Selected Medical Practitioner Appeals Reassessment of Injury Pension

4.

Procedure 4.1 4.2 4.3 4.4 4.5 4.6 Application for an IOD Award Consideration of IOD Award IOD Information Pack Appeals Reassessment Refusal to be Medically Examined

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DRAFT 31 August 2012 1. 1.1 Introduction The aim of this policy is to highlight the key provisions within The Police (Injury Benefit) Regulations 2006 which relate to Injury on Duty (IOD) awards and to set out how those provisions will be administered. References to the Regulations in this policy are references to the 2006 Regulations unless stated otherwise. This policy was drafted and introduced in 2012 after a lengthy period of disagreement between Cambridgeshire Police Authority and numerous IOD pensioners. This disagreement is rehearsed in the paper to the Police Authority on 7th September 2012. IOD pensioners need to have a degree of certainty about their future income. The Constabulary will therefore be slow to revisit this policy unless new regulations require it to do so. Reference to the Police Authority paper in the policy is to ensure that it would be taken account of should there be any future review of this policy. The policy has an annex; transitional arrangements for IOD pensioners who were in receipt of their award prior to the adoption of this policy. These transitional arrangements are necessary to bring the administration of such IOD pensions into line with the policy. The Constabulary will be very slow to revisit these arrangements. The Regulations make provision for payments to police officers who are permanently disabled as a result of an injury received without their own default in the execution of duty as a police officer: an IOD. The Regulations also contain provisions in respect of the death of an officer following an IOD and extend to other allowances e.g. for dependent relatives. This policy is built on the Regulations and in particular the most common issues which relate to the grant of an IOD award, and how reassessments of IOD pensions will be administered. This policy therefore brings together the key sections of the Regulations and incorporates the procedure to be followed in such circumstances. The policy does not cover all of the injury benefit provisions; therefore the Regulations should be referred to if matters are not covered here. Former officers in receipt of an IOD award are by definition permanently disabled from ordinary police duties. Irrespective of the nature of that disability those former officers will therefore be more vulnerable to anxiety and insecurity and this policy is designed to provide a clear explanation so that they can better understand the Regulations that apply to them and how the scheme will be administered in Cambridgeshire. In recognition of the complexity of the IOD procedure, an IOD Information Pack will be produced to accompany the initial IOD award and upon any reassessment. This Pack will contain as a minimum, a copy of this policy, a copy of the report by the selected medical practitioner, a copy of the calculations by finance department and how to appeal any decision if appropriate. Beyond this, the Chief Officer with responsibility for the policy will ensure that reasonable steps will be taken to answer questions from

1.2

1.3

1.4

1.5

1.6

1.7

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DRAFT 31 August 2012 pensioners and to work with any pensioner who chooses to appeal any of the decisions made during the process. 2. 2.1 Applicability Regulation 11(1) sets out that a police officers injury award applies to a person who ceases or has ceased to be a member of a police force and is permanently disabled as a result of an injury received without his own default in the execution of his duty. IOD awards are therefore available only to former police officers. The Policy Payment

2.2 3. 3.1

3.1.1 Payment of gratuities and pensions will be made in accordance with the Regulations. 3.2 Police Officers Injury Award

3.2.1 Regulation 11(2) explains that an IOD award comprises a gratuity and an injury pension, both calculated in accordance with Schedule 3 to the Regulations. 3.2.2 An IOD award therefore comprises two elements. There is a gratuity paid as a lump sum at the point of award. This is a one off payment. 3.2.3 There is also a pension which is payable for life but subject to revision (increase or reduction) in accordance with Regulation 37(1), or cancellation under Part K of a different set of regulations namely the Police Pension Regulations 1987 (the 1987 Regulations). 3.2.4 Any revision under Regulation 37 would reflect a substantial change in the degree of disablement; any cancellation under Part K of the 1987 Regulations would reflect the cessation of the disability. 3.2.5 IOD awards are therefore separate and distinct from ill-heath pensions. An officer who suffers from ill heath irrespective of its cause can be considered for an ill-health retirement and associated pension. An ill-health pension is an enhanced pension, payable for life from the date of retirement and index linked. Ill-Heath Retirement policy is not covered by this policy. Ill-health pensions are never reduced in value unless the disability ceases and the pension is terminated. 3.2.6 It follows that a former officer who has been retired on the grounds of ill health and who has been granted an IOD award will receive three payments namely an ill-health pension, an IOD gratuity and an injury pension. Only the injury pension is subject to potential revision.

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DRAFT 31 August 2012 3.3 Granting of an IOD Award

3.3.1 Regulation 30(1) sets out that the question as to whether a person is entitled to any, and if so what, awards under these Regulations shall be determined in the first instance by the police authority. 3.3.2 Cambridgeshire Police Authority has delegated the administration of IOD procedures to the Constabulary having agreed this policy. The Constabulary discharges its delegated responsibility through the human resources (HR) department under the oversight of the Chief Officer with portfolio responsibility for HR. 3.3.4 Regulation 30(2) sets out that where a police authority is considering whether a person is permanently disabled, it shall refer for decision to a duly qualified medical practitioner selected by them (the selected medical practitioner or SMP) the following questions a) b) whether the person concerned is disabled; whether the disablement is likely to be permanent

and, if it is further considering whether to grant an injury pension, c) d) whether the disablement is the result of an injury received in the execution of duty, and the degree of the persons disablement;

and, if it is considering whether to revise an injury pension, shall so refer question (d) above. 3.3.5 Cambridgeshire Police Authority has procured the services of its SMP and will refer the four questions in Regulation 30(2) in IOD cases. It will agree to an IOD award if the SMP determines that the person concerned is disabled, that the disablement is likely to be permanent and that it is as a result of an injury on duty received without his or her own default in the execution of their duty. 3.3.6 There is a right of appeal against any of the decisions of the SMP. 3.3.7 The amount of an IOD award, both the gratuity and the pension, will be calculated in accordance with Schedule 3 to the Regulations. 3.4 Calculation of the Amount of an IOD Award

3.4.1 Schedule 3 to the Regulations sets out in paragraph 1 that the amount of an IOD gratuity shall be calculated by reference to the persons degree of disablement and their average pensionable pay; and in paragraph 2 that the amount of an IOD pension shall be calculated by reference to the persons degree of disablement, their average pensionable pay and the period in years of their pensionable service. 3.4.2 Paragraph 3 incorporates a Table which sets out gratuities and minimum income guarantees expressed as a percentage of average pensionable pay as follows: DRAFT 31 August 2012

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Degree of disablement Gratuity Minimum income guarantee % of average pensionable pay < 5 yrs 5 15 yrs 15 - 25 yrs > 25 yrs

Up to 25% Slight 26-50% Minor 51 75% Major Over 75% Very Severe

12.5% 25% 37.5% 50%

15% 40% 65% 85%

30% 50% 70% 85%

45% 60% 75% 85%

60% 70% 80% 85%

3.4.3 It is therefore apparent that each and every IOD award will be different and subject to a unique calculation. Furthermore, Schedule 3 goes on to reduce the amount of injury pension payable by three-quarters of any other police pension, including any ill-health pension (paragraph 6) and by an amount equal to certain social security benefits (paragraph 7). 3.4.4 Finance department therefore use the following values in order to calculate the amount of an IOD gratuity: Degree of disablement Average pensionable pay 3.4.5 By way of illustration and referring to the Table above, an officer with a major degree of disablement will receive a gratuity equal to 37.5% of his or her average pensionable pay. 3.4.6 Finance department will use the following values in order to calculate the amount of an IOD pension: Degree of disablement Average pensionable pay Pensionable service of any other police pension e.g. ordinary or ill-health pension Sum of any relevant additional benefits payable for the same injury. 3.4.7 By way of illustration and referring to the Table above, an officer with a minor degree of disablement, with 20 years pensionable service will receive a pension equal to 60% of his or her average pensionable pay reduced by the sum of of any other police pension and any relevant additional benefits. 3.4.8 The average pensionable pay, pensionable service and other police pension values are determined by the finance department. In brief, average pensionable pay is typically the best years salary of the last three years DRAFT 31 August 2012

DRAFT 31 August 2012 worked. The pensionable service is service in the police added to by any other relevant pensionable service transferred in e.g. certain military service, previous employers schemes or private pension plans. Other pension values are as calculated by reference to Schedule B of the 1987 Regulations. 3.4.9 In order to calculate any relevant additional benefits, IOD recipients will be asked to complete a form to identify what benefits they receive or have applied for. Finance department will assess whether any such benefits fall to be considered in the calculation of an IOD pension, apply any relevant reduction and make a note of the calculation for inclusion in the IOD Information Pack. 3.4.10 Deductible benefits include Industrial Injuries Benefits under Sect 94 SSCB 1992: Disablement Benefits: i) Disablement Pension ii) Increase for Constant Attendance iii) Increase for Severe Disablement iv) Unemployability Supplement v) Increase in Unemployability Supplement vi) Disablement Gratuity vii) Disablement Pension increase during hospital treatment Reduced Earnings Allowance. Retirement allowance. Industrial Death Benefit. Incapacity Benefit until the first day after retirement which is not or is deemed not to be a day of incapacity for work. [Replaced by Employment and Support Allowance] Severe Disablement Allowance and any increases Deductible benefits do not include: Disability Living Allowance Mobility Allowance Carers Allowance Industrial Injuries payable for a different injury/condition other than the qualifying duty injury or the relevant proportion of the industrial injuries benefit thereof. Incapacity Benefit once there has been a day deemed not to be a day of incapacity for work [benefit of the doubt principle]. 3.4.11 The degree of disablement is classified in the Regulations as slight, minor, major or very severe as set out in the Table above. Referring to these levels as Band 1 to Band 4 respectively has become commonplace. 3.5 Degree of disablement

3.5.1 Disablement is specifically defined in Regulation 7. Degree of disablement is also explained; it is not the same as degree of disability .

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DRAFT 31 August 2012 3.5.2 The question as to whether a person concerned is disabled and whether the disablement is likely to be permanent are matters for the SMP (Regulation 30(2)). 3.5.3 Regulation 7(4) states that disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the force 3.5.4 Regulation 7(5) states: Where it is necessary to determine the degree of a persons disablement it shall be determined by reference to the degree to which his earning capacity has been affected as a result of an injury received without his own default in the execution of his duty 3.5.5 The question as to whether a person concerned came about their disablement on duty and the degree of their disablement are matters for the SMP (Regulation 30(2)). 3.5.6 It is to be stressed that the degree of disablement is not solely a consideration of degree of disability. By virtue of Regulation 7(5), it relates to earning capacity. It is not a test of whether the person concerned is earning a wage nor is it whether he or she wants to work, whether work of a particular kind is available or indeed whether the person concerned would be selected for any job which might be available. It is a test of function and given that function, what the earning capacity is of the person concerned as a percentage of what it would have been but for the relevant injury. 3.5.7 In order to assess the degree to which earning capacity has been affected as a result of the relevant injury, the SMP will, by reference to a test of function, determine the persons actual earning capacity and the persons earning capacity but for the relevant injury. 3.5.8 The persons actual earning capacity will be determined through consideration of what the person could earn at the time the consideration takes place. The SMP will take account of any representation made by the person concerned when determining the earning capacity. The HR department may provide details of jobs which the person concerned could do to assist the SMP in their determination. 3.5.9 The persons earning capacity but for the relevant injury will be determined through consideration of what the person would have been able to earn if the relevant injury was not present. This is commonly referred to as the comparator wage. The SMP will take account of any representation made by the person concerned when determining the comparator wage and the HR department may provide job details to assist. 3.5.10 In the absence of arriving at a reasoned determination for the comparator wage, the SMP will use one of two default figures depending on whether the person concerned is above or below the age at which an officer in the rank in which they retired would have been compulsorily retired. If the person concerned is below that age, the default comparator will be the salary for an officer in their former rank as at the time of the determination. If the person is DRAFT 31 August 2012

DRAFT 31 August 2012 above that age, the default comparator will be the median of the national earnings survey (the ASHE figure Annual Survey of Hours and Earnings) for the age of the person concerned. 3.6 Reports by the Selected Medical Practitioner

3.6.1 Regulation 30(2) is clear about the four questions which shall be referred to the SMP. Regulation 30(6) states that the decisions made by the SMP shall be expressed in the form of a report, a copy of which shall be supplied to the person concerned. 3.6.2 The report from the SMP will cover the question or questions addressed and contain sufficient information so that the person concerned is informed of the basis for those decisions. The report from the SMP will be included in the IOD Information Pack. 3.6.3 The first three questions (Regulation 30(2) a), b) and c)) are medical questions and the SMP will try to reflect his or her medical assessment in plain terminology so that the person concerned may better understand it. The report should nevertheless be as explicit in medical terms as possible, recognising that it will form the basis for any subsequent review, particularly a reassessment under Regulation 37(1) which looks for any alteration of degree of disablement. 3.6.4 The fourth question relates to degree of disablement and as defined in Regulation 7(5), relates to earning capacity. The SMP report will contain reference to the information which he or she has used to determine the degree of disablement including any salary or job comparisons and why they are appropriate in determining the degree of disablement. Copies of any reference documentation will be attached to the report for transparency. 3.6.5 The degree of disablement is not the simple difference between two salary points. It is the degree to which earning capacity has been affected by the relevant injury and is expressed in terms of a percentage. 3.6.7 By way of illustration, if the SMP decided that an IOD pensioner had an earning capacity of 14k with her duty injury but would have been able to earn 21k if she did not have the duty injury, then the degree of disablement would be 33%, i.e. a difference of 7k as a percentage of 21k. 3.6.8 Another calculation might see a pensioners earning capacity of 60k with the relevant injury and 90k without it. In this case the degree of disablement is also 33%. 3.6.9 These illustrations are designed to demonstrate that it is not the value of any earning capacity on its own, with or without the relevant injury, but the degree to which the earning capacity has been affected by the relevant injury. The percentage value arrived at is then used in the first column of the Table in Schedule 3.

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DRAFT 31 August 2012 3.7 Appeals

3.7.1 Regulation 30(6) sets out that the decision of the SMP in respect of the four questions referred to him or her shall, subject to Regulations 31 and 32, be final. 3.7.2 Regulation 31 provides for an appeal to a police medical appeals board (PMAB). Such an appeal should normally be within 28 days after receiving the SMP report and must contain the grounds for the appeal. The PMAB can replace any decision of the SMP and will itself issue a report. 3.7.3 Regulation 32 provides for a reconsideration of any of the decisions of the SMP or the PMAB if the police authority and the person concerned agree. There is no time limit on this provision which is designed to allow for agreed defects in an earlier decision to be revisited. 3.7.4 The reference to the finality of the decisions made by the SMP which initiate an IOD award means that any subsequent reassessment (that is a Regulation 37(1) reassessment) cannot revisit the initial award. Therefore once an injury pension begins, it will continue for the life of the person concerned. The amount of the injury pension may however change on reassessment of the degree of disablement under Regulation 37(1). 3.8 Reassessment of Injury Pension

3.8.1 Regulation 37(1) states: the police authority shall, at such intervals as may be suitable, consider whether the degree of the pensioners disablement has altered; and if after such consideration the police authority find that the degree of the pensioners disablement has substantially altered, the pension shall be revised accordingly. 3.8.2 Consideration of the degree of disablement shall be referred to the SMP as provided for under Regulation 30(2). 3.8.3 The reassessment of the degree of disablement applies to IOD pensions. It has no bearing on the IOD gratuity, or on any ill-heath pension. 3.8.4 It is implicit in this Regulation that the degree of disablement can go up or down. The police authority is under a duty to consider whether this has happened. Earning capacity can be affected by both the disability of the person concerned and the external environment e.g. the emergence of a particular new job. Both of these factors need to be taken account of in any reassessment. 3.8.5 It is stressed that a reassessment under Regulation 37(1) is concerned only with whether or not there has been a change: substantially altered, in the words of the Regulation. It is not open to the SMP to change a pension on a review by virtue of a conclusion that the clinical basis of earlier assessment was wrong. In short, unless there has been a change in the disability of the person concerned and/or a change in the external factors such as the sudden

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DRAFT 31 August 2012 onset of a new form of job, since the last review, then there cannot be a substantial change in degree of disablement. 3.8.6 Reassessment intervals will be different for individual pensioners to reflect their individual circumstances. It is therefore inappropriate for there to be a rigid timetable for such reviews. Also, any potential revision to the amount of IOD pension payable relies on a substantial alteration of a degree of disablement. Furthermore, pensioners with mental health issues may find the very process of being subject to a review detrimental to their health. 3.8.7 The initial award of an IOD pension is predicated on the opinion of the SMP that the disablement of the person concerned is likely to be permanent. At this point in time, the SMP will be able to form a view as to when any change in disability might be expected and the police authority will ask for that opinion to determine what suitable interval is appropriate for a first reassessment. In recognition of the fact that a substantial alteration in degree of disablement would be necessary before an injury pension is revised, this first interval shall normally be not less than two years and not more than approximately five years. 3.8.8 A substantial alteration in the pensioners degree of disablement will be taken to mean that his or her banding would alter, except that, if it would be reduced, it will only be considered to be a substantial alteration if the change is more than 10%. This has the effect of defining as substantial any alteration which increases the degree of disablement from one band to another; but excluding any alteration which reduces the degree of disablement from one band to another unless it is more than 10%. 3.8.9 If on any reassessment under Regulation 37(1) the SMP decides that there has been a substantial alteration in the degree of disablement, the police authority will ask for and act on his or her opinion to determine what suitable interval is appropriate for a subsequent reassessment. This subsequent interval shall normally be not less than two years and not more than approximately five years. 3.8.10 If on any reassessment under Regulation 37(1) the SMP decides that there has not been a substantial alteration in the degree of disablement, the police authority will ask for and act on his or her opinion to determine what suitable interval is appropriate for a subsequent reassessment. This subsequent interval shall normally be not less than five years and not more than approximately ten years. 3.8.11 If three successive SMP decisions spread over a period of at least seven years determine that there have not been any substantial alterations in degree of disablement, the next suitable interval shall be open ended i.e. the Police Authority will not further reassess the degree of disablement unless either asked to do so by the person concerned, or, if information comes to light which would necessitate a further review. 3.8.12 An IOD pensioner can request a Regulation 37(1) reassessment at any time. Such a request will be particularly appropriate if the person concerned has experienced a substantial deterioration in health as a result of the relevant DRAFT 31 August 2012

DRAFT 31 August 2012 injury. The Police Authority will agree to such a request but will normally require an interval of at least two years between reassessments. 3.8.13 The Police Authority will retain the option to call for a Regulation 37(1) reassessment if information comes to light which would necessitate a further review. It is clearly fair both for the Constabulary and for the community that someone who starts out with a pension on the basis of a certain medical condition should not continue to draw a pension, or any kind of benefit, which is no longer justified by reason of some improvement on their condition, or of course the reverse. 3.8.14 Any call-in reassessment as described in 3.8.13 above will only take place with the authority of the Chief Officer with responsibility for the HR portfolio. 3.8.15 Any increase in pension as a result of reassessment will be actioned without delay. Any reduction in pension in such circumstances will take effect three months after the payday following the decision. Any appeal against a decision resulting in a reduction will not delay the reduction in pension. 4.0 4.1 Procedure Application for an IOD Award

4.1.1 Any former officer can apply for consideration of an IOD award. The process for such consideration will commence with a simple notification to the HR department by the person concerned that he or she wishes to be so considered. This notification can be received in any way that is convenient e.g. letter, e-mail or telephone. 4.1.2 The notification will trigger a formal request from the HR department for information to support the application. The request will be accompanied by a copy of this policy to assist the former officer with their understanding of the procedure; it will be in the form of a questionnaire and included in the request will be: confirmation of the former officers personal details details of the nature of the duty injury an update on current health any information which the pensioner believes ought to be considered by the SMP when considering the four questions in Regulation 30(2) including earning capacity with and without the duty injury any documentary evidence to support any of the above including available medical reports a consent form to obtain medical reports details of any benefits being received preferred contact details to facilitate consideration by the SMP DRAFT 31 August 2012

DRAFT 31 August 2012 4.1.3 On receipt of the completed questionnaire, HR department staff will acknowledge the application and prepare the case for consideration by the SMP. This may involve further contact with the applicant to clarify any details or to request a meeting with relevant parties. The purpose of this work is to give the SMP the best opportunity to prepare for a subsequent appointment. 4.1.4 The HR department staff who are involved in the administration of ill-health retirement and IOD awards are all subject to a signed agreement to ensure the confidentiality of personal medical details prepared for the information of the SMP, or PMAB if appropriate. 4.2 Consideration of IOD Award

4.2.1 Before an appointment is made for the person concerned, the SMP will be provided with the written material available in the case. This will include the reply to the questionnaire. The SMP will determine whether an appointment is necessary in order to properly answer the questions asked on behalf of the Authority. The SMP may ask for more information from the HR department before making this determination. 4.2.2 In deciding whether it is necessary to call the person concerned for an appointment, the SMP will take into account any known mental health issues. If in the SMPs opinion the attendance of the person concerned for an appointment would be detrimental to their mental health, and the SMP is able to properly answer the questions from the Authority, then the SMP can determine that an appointment is not necessary. 4.2.3 If in deciding whether it is necessary to call the person concerned for an appointment, the SMPs opinion is that the written material on its own for any ill health matter is sufficient to properly answer the questions from the Authority, then the SMP can determine that an appointment is not necessary. 4.2.4 If the SMP determines that an appointment is not necessary, the person concerned can nevertheless ask for an appointment as part of the SMPs consideration and an appointment will be arranged. 4.2.5 Once the SMP has determined that an appointment is necessary, or one is requested by the person concerned, HR staff will make the arrangements. The appointment will normally be at the Occupational Health Unit at police HQ or the SMPs surgery. The SMP will consider any request by the person concerned for an appointment elsewhere and will take into account any representation made e.g. anxiety about attending police premises. 4.2.6 Reasonable travel expenses will be paid for IOD pensioners to attend for an appointment. 4.2.7 At the conclusion of the appointment, the SMP will prepare a report. Regulation 30(7) states that the report from the SMP shall be supplied to the person who is the subject of that report. The regulations and policy surrounding IOD awards are complex and the Authority wants to ensure that, as far as practicable, former officers are provided with further information to assist understanding and demonstrate transparency of the process which will be more information than required by the Regulations. This will be achieved DRAFT 31 August 2012

DRAFT 31 August 2012 with the provision of an IOD Information Pack after the SMP or PMAB has provided the report. 4.3 IOD Information Pack

4.3.1 An IOD Information Pack will be provided at the conclusion of referrals to a medical authority under Regulations 30, 31, 32 or 37 (initial consideration, appeal to PMAB, reconsideration or reassessment) and will contain as a minimum: a covering letter setting out the conclusion to the respective process a copy of this policy document a copy of the SMP or PMAB report with attachments if appropriate a copy of the financial calculations for any gratuity and pension advice as to any appeal route open to the person concerned 4.4 Appeals

4.4.1 Appeals can be under Regulations 31 or 32. 4.4.2 Regulation 31(1) states that where a person is dissatisfied with the decision as set out in the SMPs report, an appeal may be made to the PMAB. Notice of an intention to appeal should be given to the HR department within 28 days of receiving the SMPs report. A further 28 days is allowed to provide the grounds for the appeal. These time limits will be treated flexibly as is allowed for under the Regulation. 4.4.3 On receipt of the grounds for appeal, the HR department will refer the matter to the PMAB who will hear the case. If the PMAB disagrees with any decision of the SMP, it will issue a report to replace the report by the SMP, which will be final. At this point a new IOD Information Pack will be issued with the PMAB report taking the place of the SMP report. 4.4.4 Regulation 32(2) allows for the police authority and the claimant to agree to revisit any previous final decision of a medical authority. A former officer who wishes to pursue a Regulation 32(2) referral should write to the Constabulary for the information of the Chief Officer with oversight of the HR department setting out brief details as to why this should be considered. The Chief Officer will consider the matter and take HR advice as appropriate before making a determination. 4.4.5 In deciding whether to agree to a Regulation 32(2) referral, the Chief Officer will look to use the provision as a mechanism to correct mistakes either as to fact or as to law. If the case is made on either of these grounds, the Authority will agree to a referral. 4.5 Reassessment

4.5.1 The procedure for a Regulation 37(1) reassessment will be initiated by the HR department who will write to the IOD pensioner to inform him or her that a DRAFT 31 August 2012

DRAFT 31 August 2012 reassessment is due. The letter will be accompanied by a copy of this policy as a reminder to the former officer, and copies of the previous SMP report and the previous financial calculation all of which had been provided as part of the IOD Information Pack after the last assessment. The letter will include a questionnaire and included in the request will be: confirmation of the pensioners personal details an update on current health any information which the pensioner believes ought to be considered by the SMP when considering the question in Regulation 30(2)(d) relating to earning capacity with and without the duty injury any documentary evidence to support any of the above including available medical reports a consent form to obtain medical reports details of any benefits being received preferred contact details to facilitate consideration by the SMP 4.5.2 If the person concerned was previously assessed as having a slight degree of disablement (band 1), then an additional note will be included with the letter. It will explain that if it is the pensioners view that there has been no change in his or her degree of disablement and they wish their reassessment to reflect this position, they can elect for this to be the case and no further information is required. In such a case, the SMP will make the decision on that information alone and is bound to conclude that there has been no substantial change in the degree of disablement. 4.5.3 On receipt of the completed questionnaire, HR department staff will acknowledge it and, with the exception of the band 1 example in the paragraph above, prepare the case for consideration by the SMP in the same way as for consideration for the initial award. 4.5.4 The SMP will consider the necessity for an appointment in the same way as for consideration for the initial award. 4.5.6 If the person concerned was previously assessed as having a slight degree of disablement (band 1), then in deciding whether it is necessary to call the person concerned for an appointment, the SMP can assume that there has not been a substantial change in degree of disablement and that an appointment is therefore not necessary. 4.5.7 If the person concerned is on band 1 and requests an appointment, then an appointment will be arranged. 4.6 Refusal to be Medically Examined

4.6.1 Regulation 33 explains that if a person concerned wilfully or negligently fails to submit to a medical examination when the medical authority has been asked questions under the Regulations, the Authority is entitled to make their DRAFT 31 August 2012

DRAFT 31 August 2012 determination on such evidence and medical advice as they in their discretion think necessary. If this happens at the PMAB, the appeal shall be deemed to be withdrawn. Ends

DCC John Feavyour 30th August 2012

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