Injury Pensions and Employment and Support Allowance (ESA)

We have today received an email from the Home Office stating that whilst they are going to alter the Police [Injury Benefit] Regulations 2006 to make ESA a relevant deductible benefit, they have confirmed that any such change will not be retrospective. As such all those Forces who have refused to refund any monies already unlawfully deducted from injury pensions should now be requested to repay such money unlawfully deducted without delay. The email has been sent to all Forces so they should now be aware of this and reads:
“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