Injury Pension:
For Life? Age 65?
A police injury pension does not stop at 65, 60 or State Pension age. It is payable for life, but it can be reviewed up or down, and it ends only in a few specific situations. Here is what the regulations and the courts actually say, with worked figures.
Independent information, not advice · Sources checked 7 October 2026 · England and Wales unless stated
No. Regulation 43(3) of the Police (Injury Benefit) Regulations 2006 makes the injury pension payable for life, subject to Part 5. Regulation 37 lets the police pension authority review the degree of disablement 'at such intervals as may be suitable' and revise the pension, up or down, if it has substantially altered. In 2012 the High Court declared unlawful the Home Office guidance that let forces drop pensioners to the lowest band at 65 (Simpson). Age alone is not a reason to reduce it.
Quick answers
If you only read one part of this page, read this table. Each answer is expanded below with the regulation or judgment it comes from.
| Question | Answer | Where it comes from |
|---|---|---|
| Does it stop at a set age? | No. There is no age limit in the regulations. | Regulation 43(3): payable for life, subject to Part 5 |
| Is it for life? | Payable for life, but reviewable. It can go up, down, pause or (rarely) end. | Regulations 37, 39, 40 and 43 |
| Can it be cut at 65 because of age? | No. Age is not a reason on its own. | Simpson [2012] EWHC 808 (Admin), para 42 |
| How often is it reviewed? | 'At such intervals as may be suitable'. No fixed cycle in the regulations. | Regulation 37(1) |
| What is the test on review? | Has the degree of disablement substantially altered since the last decision? | Regulation 37(1); Laws [2010] EWCA Civ 1099 |
| Can a review reopen whether it was a duty injury? | No. Only the degree of disablement is referred. | Regulation 30(2) |
| Does a review touch the gratuity? | Regulation 37 only revises the pension. | Regulations 37(1) and 43(6) |
| Does the State Pension reduce it? | No. It is not on the deductions list. | Schedule 3 paragraph 7 |
A note on words. The regulations talk about the "degree of disablement", measured as the effect of the duty injury on your earning capacity, and set four degrees in a table: 25% or less, more than 25% to 50%, more than 50% to 75%, and more than 75%. People call these bands 1 to 4. "Band" is shorthand, not a term in the regulations, and we use it on this page because it is how most officers and pensioners talk about their award.
This page covers England and Wales. Scotland (SSI 2007/68) and Northern Ireland (SR 2006/268) have their own injury benefit regulations with similar but not identical procedures.
- No age stops a police injury pension. It is payable for life (regulation 43(3)).
- It can be reviewed at any age, but age is never the reason to reduce it (Simpson, 2012).
- A review asks one question: has the degree of disablement substantially altered since the last decision?
- It ends only in a short list of situations, set out below. Losing an upper tier enhancement is not one of them.
- Appeal deadlines are short: 28 days from receiving the report, then 28 days for grounds.
Is a police injury pension for life?
Yes, in the sense that matters most: there is no end date. Regulation 43(3) says that, subject to the other provisions and in particular Part 5 (revision and withdrawal or forfeiture of awards), "a pension or allowance shall be payable for life". In Simpson the judge described this as the "life entitlement provided by regulation 43" and found nothing in the regulations to suggest it is affected by the age at which you would have retired or by State Pension age (para 32).
But "for life" does not mean "frozen for life". Three things can change what you receive:
- A review under regulation 37. The authority can ask whether your degree of disablement has substantially altered and, if it has, revise the pension up or down.
- Changes in the deductions. Your injury pension is a guarantee less three-quarters of your police pension and less certain injury-related benefits (Schedule 3 paragraphs 6 and 7). If those change, the amount paid changes, without any change of band.
- A small number of termination or withdrawal rules. These are narrow, and are set out in full in when it actually ends below.
Your police pension (ordinary, ill-health or deferred) is a separate award under a separate set of regulations. It has its own review rules, which is where much of the confusion about ages comes from.
Does a police injury pension stop at 65 or State Pension age?
No. Nothing in the Police (Injury Benefit) Regulations 2006 stops or reduces the injury pension at 55, 60, 65 or State Pension age. The questions people search for ("what age does a police injury pension stop", "does it stop at state pension age", "is it reduced at 65") all have the same answer: not because of age.
Two separate things are true, and they are often mixed up:
- A review after 65 is still possible. Regulation 37 has no age limit, so an authority can review a pensioner of any age. What it cannot do is treat age as the answer.
- Age is not evidence of lower disablement. The High Court held in Simpson that there is "no statutory basis in the Regulations to support a different approach to a regulation 37 review at different ages" (para 32).
So if a letter after your 65th birthday says your award is being reviewed, the right question is the same one that applied at 45: has the degree of disablement substantially altered since the last decision, and what is the evidence?
The age-65 guidance: what happened and when
The worry about 65 is not imaginary. For several years Home Office guidance did point forces towards cutting injury pensions at 65. The courts then stopped it. The timeline below is taken from the judgments and the Home Office circular, which we read in full.
| When | What happened | Source |
|---|---|---|
| 2004 | Home Office Circular 46/2004, Annex C, included a section headed 'Review of Injury Pensions once Officers reach Age 65'. It said forces had the discretion, 'in the absence of a cogent reason otherwise', to advise the SMP to place a former officer in the lowest band at 65. The medical appeals guidance (section 5, paragraph 20) said the same. | Quoted in Simpson, para 11 |
| 2009 | Northumbria Police Authority appointed a selected medical practitioner to review the injury pensions of Mr Simpson and 78 others in line with the guidance. The letter in Mr Simpson's case recommended placing him in the lowest band. | Simpson, para 3; Crudace, paras 1 to 2 |
| March 2010 | After the High Court's decision in Laws, the Home Office issued interim guidance suspending further use of the review guidance and asking authorities to defer injury benefit reviews except where a condition had worsened, according to its evidence in Simpson. | Simpson, para 36 |
| 13 October 2010 | Court of Appeal in Laws: on a regulation 37 review the earlier decision is taken as a given; the only question is whether there has been a substantial alteration since. | [2010] EWCA Civ 1099, paras 18 to 19 |
| 2 February 2012 | High Court in Crudace quashed a 2009 review, carried out under the age-65 guidance, that had cut a band 3 award to band 1. The judge expressed the view that the guidance was flawed but noted he had not heard from the Home Office. | [2012] EWHC 112 (Admin); Simpson, para 34 |
| 21 February 2012 | High Court in Simpson, having heard the Home Office, declared the age-65 sections of the guidance 'inconsistent with the Regulations and unlawful'. | [2012] EWHC 808 (Admin), para 42 |
| 30 March 2012 | Home Office Circular 007/2012 recorded the decision and advised police authorities to satisfy themselves that any reviews were in line with the regulations and the case law in light of Simpson. | Circular 007/2012 (GOV.UK) |
| 1 September 2022 | The Home Office withdrew its Police Medical Appeal Board guidance as 'out of date'. GOV.UK says new guidance will be published 'in due course'. | GOV.UK withdrawn guidance page |
You will see both cases cited. The formal declaration that the age-65 guidance was unlawful was made in Simpson, after the court heard the Home Office's arguments. Crudace, decided three weeks earlier, quashed one pensioner's review; the judge said the guidance was flawed but did so without submissions from the Home Office, which Simpson itself points out (para 34). If you quote a case in a letter, quote Simpson for the age-65 point.
Why the guidance failed: the court said regulation 37(1) contains no presumption that a person over 65 has no earning capacity and no "cogent reason" test. The guidance told decision makers to start from working assumptions and required a cogent reason to depart from them, when the regulation requires a neutral look at whether there has been an alteration on the facts of the individual case (para 33).
So why do people still talk about 65?
Partly the history above. But there are also real ages in the police pension rules, and they are easy to confuse with the injury pension. None of them stops an injury pension.
| Rule | What the age does | Effect on the injury pension |
|---|---|---|
| 2006 scheme, regulation 51(1)(b) and (2)(b) | Reviews of an enhanced top-up ill-health pension can happen at intervals of no less than five years until 65 | None directly. This is about the ill-health pension |
| 2006 scheme, regulation 51(1)(a) and (2)(a) | A standard ill-health pension can be reviewed until 55 | None directly |
| 2015 scheme, regulation 114 | The upper tier enhancement can be reviewed at intervals of no less than five years until State Pension age | None directly. Losing the enhancement does not end the injury pension |
| 2015 scheme, regulation 110 | A lower tier ill-health pension can be reviewed until normal pension age (60) | Only if the ill-health pension is cancelled under regulation 111 or stopped under regulation 115 (see below) |
| 1987 scheme, regulation K1(1) | Ill-health pension reviews only while you would not have reached 25 years' service or compulsory retirement age | Only if the ill-health pension is terminated under K1(4) |
| State Pension age | Your State Pension starts | None. The State Pension is not deducted |
The injury pension sits under its own regulations with its own review rule, regulation 37, which has no age in it at all.
How a regulation 37 review works
Regulation 37(1), in full: "Subject to the provisions of this Part, where an injury pension is payable under these Regulations, the police authority shall, at such intervals as may be suitable, consider whether the degree of the pensioner's disablement has altered; and if after such consideration the police authority find that the degree of the pensioner's disablement has substantially altered, the pension shall be revised accordingly."
(The online text still says "police authority". The Police Pensions (Amendment) Regulations 2011 replaced that with "police pension authority" in the listed regulations from 16 January 2012. In practice it is your former force's pension decision maker.)
Five points that follow from the wording and the cases
- No fixed interval. "Such intervals as may be suitable" sets no minimum and no maximum. How often reviews happen is left to each authority. Contrast the 2015 upper tier rule, which says reviews must be no less than five years apart (2015 regulation 114(3)).
- Only one medical question. When the authority is considering revising an injury pension, regulation 30(2) says it refers question (d), "the degree of the person's disablement". Whether you are disabled, whether it is permanent and whether it resulted from a duty injury are not reopened.
- The earlier decision is the starting point. The Court of Appeal in Laws said the premise of regulation 37(1) "is that the earlier decision as to the degree of disablement is taken as a given" and the only duty is to decide whether there has been a change since (para 18). It is "not open" to reduce a pension because the clinical basis of an earlier assessment is now thought wrong, and equally not open to increase it on that basis (para 19).
- "Substantially altered", in either direction. A small change is not enough. The test works both ways, so a review can increase the pension if your condition has worsened.
- Earning capacity, not earnings. The degree of disablement is about how far the duty injury has affected your earning capacity (regulation 7(5), and 7A(5) for 2015-scheme members). Simpson adopted the view in Crocker (2003) that this means assessing what you are capable of doing and so capable of earning, not whether anyone would actually pay you to do it (paras 13 and 32).
In Laws the Court of Appeal accepted that earning capacity "may vary from time to time by force of external factors", so the acquisition of new skills is capable of being taken into account on a review (para 27). In the same judgment it said the effect of the pensioner's law degree was "likely to be modest" and "largely speculative" unless it had concrete results in actual job prospects (para 28). So a change in your work or qualifications can be relevant, but it is not automatic. Get advice before a review if your situation has changed.
For the detail of review triggers, the evidence forces ask for and how to prepare, read our full guide to injury award reviews under regulation 37.
What a review can and cannot change
| Item | Can a review change it? | Why |
|---|---|---|
| Your degree of disablement (band) | Yes, up or down, if substantially altered | Regulation 37(1) |
| Whether the injury was received in the execution of duty | No | Regulation 30(2): only question (d) is referred on a revision |
| Whether you are permanently disabled | No | Same: questions (a) and (b) are not referred on a revision |
| The clinical basis of the original assessment | No | Laws, para 19 |
| The injury pension amount | Yes, if the band changes | The guarantee percentage changes with the band |
| The one-off gratuity | Regulation 37 says nothing about it | Regulation 37(1) revises 'the pension' |
| Your police pension (ill-health, ordinary, deferred) | Not under regulation 37 | That pension has its own review rules in the pension regulations |
| Benefit deductions (Schedule 3 paragraph 7) | Not a review matter | They change when the benefit changes, week by week |
| Your years of service column in the table | No | Service is fixed when you leave |
Who starts a review, and can you ask for one?
Regulation 37(1) puts the duty on the police pension authority: it "shall, at such intervals as may be suitable, consider" whether the degree of disablement has altered. In practice a review can begin in three ways:
- The authority's own programme. Some forces run periodic reviews of all injury pensions, some review only when something prompts it. The regulation lets each authority decide what is "suitable".
- Information the authority receives. For example, a report of a change in your condition, or a change in a related police pension review.
- Your own request. Nothing in regulation 37 stops you asking the authority to consider a review if your condition has got worse. The decision to refer the question to an SMP is the authority's, so put your request in writing with current medical evidence and keep a copy.
Whoever starts it, the medical question is decided by a selected medical practitioner (SMP) appointed by the authority (regulation 30), and the report is final unless it is appealed or reconsidered (regulations 30(6), 31 and 32).
How the degree of disablement is measured
The degree of disablement is "determined by reference to the degree to which [your] earning capacity has been affected as a result of an injury received without [your] own default in the execution of [your] duty" (regulation 7(5); regulation 7A(5) for 2015-scheme members). It is not a percentage of physical impairment and it is not your actual earnings.
On a review the SMP compares the position now with the position at the last decision, and asks whether the effect of the duty injury on what you are capable of earning has substantially changed. Forces and SMPs often use earnings data to put figures on this; our PEAM guide explains the matrix some use. The method is not set out in the regulations, which is one reason reviews are contested.
Two reviews at once: injury pension and ill-health pension
If you retired on an ill-health pension and also have an injury award, you may receive one letter covering two different reviews, sometimes with one SMP examination. They are separate decisions under separate regulations, with separate questions and separate appeal rights. Treat them separately.
| Injury pension review | Ill-health pension review (2015 scheme) | |
|---|---|---|
| Regulation | Police (Injury Benefit) Regulations 2006, regulation 37 | Police Pensions Regulations 2015, regulations 110 (lower tier) or 114 (upper tier) |
| Question for the SMP | The degree of disablement only (regulation 30(2)) | Whether you are still unfit for ordinary police duties and, if so, for any regular employment (lower tier, regulation 117(2)); or whether you are still unfit for any regular employment and, if not, for police duties (upper tier, regulation 117(3)) |
| Age limits | None | Lower tier: until normal pension age. Upper tier: until State Pension age, at intervals of no less than 5 years |
| Possible results | Band up, band down, or (rarely) termination under regulation 37(2) | Upper tier enhancement stops (regulation 114); lower tier cancelled after a rejoin offer (regulation 111); upgrade to upper tier in limited cases |
| Appeal | Notice within 28 days of receiving the report, grounds within a further 28 days (regulation 31) | Notice within 28 days of receiving the report, grounds within a further 28 days (Schedule 1 paragraph 2) |
Practical points: ask for each report separately if a single document covers both; check which decision each paragraph is answering; and if you disagree with both, give notice of appeal against both within the time limits. The 1987 and 2006 schemes have their own ill-health review rules (regulation K1 and 2006 regulation 51) with different ages, shown in the table above.
When an injury pension actually ends or pauses
The list is short and specific. It is worth knowing exactly, because some guidance overstates it. Here is every rule we found in the regulations, with the amendments made by SI 2018/997 applied.
| Rule | When it applies | What happens |
|---|---|---|
| Regulation 37(2) | You are not also receiving a police pension (1987, 2006 or 2015 scheme) and a review finds your disability has ceased | The injury pension is terminated |
| Regulation 37(3), as amended | Your ill-health pension is terminated under 1987 regulation K1(4), 2006 regulation 51(5) or (6), or 2015 regulation 111 or 115. These are the rejoin-offer rules, the 2006 rule ending the pension if you rejoin or join a police force, and (for 2015) the persistent refusal of appropriate treatment rule | The injury pension is also terminated |
| Regulation 37(4), as amended | Early payment of a deferred pension on medical grounds stops (including 2015 regulation 116) | The injury pension is also terminated |
| Regulation 37(1) | A review finds the degree of disablement has substantially altered | Revised up or down, not ended |
| Regulation 39 | You serve again as a regular police officer in any force | The authority may, in its discretion, withdraw all or part of it for that period |
| Regulation 40 | Conviction for treason, certain Official Secrets Acts offences with at least 10 years' imprisonment, or an offence in connection with police service certified by the Secretary of State as gravely injurious to the State or liable to lead to serious loss of confidence in the public service | The authority may forfeit all or part, permanently or temporarily |
| Schedule 3 paragraph 8 | In any week where the deductions (three-quarters of the police pension plus listed benefits) exceed the guarantee | Nothing is paid as injury pension that week. The award still exists |
| Death | Payments stop. Regulation 43(4) says a sum paid in advance is not recoverable |
It is sometimes said that "if your ill-health pension ends, your injury pension ends". That is too broad. Regulation 37(3) applies only to termination under the specific provisions listed above. In particular:
- Losing the 2015 upper tier enhancement on a regulation 114 review is not on the list. The lower tier continues for life (2015 regulation 114(7)) and so does the injury pension.
- Losing a 2006 enhanced top-up under 2006 regulation 51(8) is not on the list either. Only 51(5) and (6) are.
- If the police pension goes down, three-quarters of a smaller pension is deducted, so the Schedule 3 arithmetic would give a larger injury pension, not a smaller one. Ask your administrator to confirm the recalculation in writing.
The rejoin-offer rules only bite where a review finds you are no longer unfit for ordinary police duties. The 1987 rule (K1) only applies while you would not have reached 25 years' service and could not have been required to retire on age; the 2006 rejoin offer only until 55; the 2015 lower tier rule only until normal pension age (60). After those points, the ill-health pension cannot be cancelled through a rejoin offer. Two routes are not tied to those ages: a 2006-scheme ill-health pension also ends if you rejoin your old force or join another police force, at any age (2006 regulation 51(5)); and the 2015 treatment rule (regulation 115) can be applied on an upper tier review, which can happen until State Pension age. Either would also end the injury pension under regulation 37(3).
A review does not end the gratuity
The injury award has two parts: a one-off gratuity and an injury pension (regulation 11(2)). Regulation 43(6) says the gratuity becomes payable "as soon as the entitlement to it arises" and is paid in one sum (or, if the authority thinks it is to your advantage, in instalments).
Regulation 37 speaks only of revising "the pension". We found nothing in regulation 37 that revises, reclaims or tops up the gratuity when a band changes on review. So:
- A review that moves you down a band changes the injury pension from then on. It does not, under regulation 37, take back the gratuity you were paid.
- A review that moves you up a band increases the injury pension. Regulation 37 does not provide a second gratuity.
- If you are told otherwise, ask which regulation is relied on, in writing, and take it to your Federation representative or a solicitor.
Separately, regulation 38 allows the authority to reduce "any injury award" by up to half where you brought about or substantially contributed to the disablement by your own default. That is a decision about default, made with an SMP's report under regulation 30(4). It is not a regulation 37 review.
What a band change does to the money: worked examples
These figures come from the same engine as our injury award calculator, using the Schedule 3 table and the three-quarters pension deduction. They are illustrations, not anyone's real award. They leave out the benefit deductions in paragraph 7 and the annual pensions increases, which raise both the guarantee and the police pension each year.
Example A: 1987 scheme pensioner, 22 years' service
A former officer retired on an ill-health pension years ago with 22 years' pensionable service in the 1987 scheme and average pensionable pay of £36,000 (a round figure). The 1987 ill-health pension (Schedule B Part III: 7/60, plus 1/60 for each year up to 20, plus 2/60 for each year over 20, assuming the paragraph 5 cap does not apply) is £18,600 a year. Three-quarters of it, £13,950, comes off the guarantee. With 15 to under 25 years' service:
| Band | Guarantee | Less 3/4 of pension | Injury pension | Total with police pension |
|---|---|---|---|---|
| Band 1 (slight) | 45% = £16,200 | £13,950 | £2,250 | £20,850 |
| Band 2 (minor) | 60% = £21,600 | £13,950 | £7,650 | £26,250 |
| Band 3 (major) | 75% = £27,000 | £13,950 | £13,050 | £31,650 |
| Band 4 (very severe) | 85% = £30,600 | £13,950 | £16,650 | £35,250 |
If a review moved this pensioner from band 2 to band 1, the injury pension would fall by £5,400 a year. From band 2 to band 3 it would rise by £5,400. The police pension does not change.
Example B: 2015 scheme, 10 years' service, lower tier
A constable at the top of the scale (about £52,015, the site's 2026/27 figure) retires at 38 with 10 years in the 2015 scheme, on a lower tier ill-health pension. The engine treats final pay as today's salary and the accrued pension as pay times years divided by 55.3, so a real career-average figure will differ. Lower tier pension: £9,406.
| Band | Guarantee | Less 3/4 of pension | Injury pension | Total with police pension |
|---|---|---|---|---|
| Band 1 (slight) | 30% = £15,605 | £7,054 | £8,550 | £17,956 |
| Band 2 (minor) | 50% = £26,008 | £7,054 | £18,953 | £28,359 |
| Band 3 (major) | 70% = £36,411 | £7,054 | £29,356 | £38,762 |
| Band 4 (very severe) | 85% = £44,213 | £7,054 | £37,158 | £46,564 |
Here a move from band 2 to band 1 cuts the injury pension by £10,403 a year, and a move from band 2 to band 3 adds £10,403.
What the examples show
- A band change moves the injury pension pound for pound with the guarantee. The deduction for your police pension is the same in every band, so the whole change in the guarantee passes through, as long as the injury pension stays above nil.
- The size of a step depends on your service column. With 15 to under 25 years, each step from band 1 to 2 to 3 is 15% of pay. With 5 to under 15 years, it is 20%. Band 4 is 85% in every column.
- The injury pension cannot go below nil. In Example C, an officer with 4 years' service retired at 26 on an upper tier pension of £10,513. At band 1 the guarantee is only £5,450, less than the £7,885 deduction, so the injury pension is £0 (paragraph 8). At band 2 it would be £6,649. For someone in that position a review that moved them down to band 1 would remove the injury pension entirely, though the award would still exist for later reviews.
- The change is tax-free money. HMRC's manual says police injury benefit payments can be paid tax-free, so a band change is a change in untaxed income. See is a police injury pension tax-free?
The police injury award calculator shows the guarantee, the pension deduction and the injury pension for each band using your pay, service and pension. Running it for your current band and the band either side shows what a review could mean for you in pounds, so you can take real numbers to your Federation representative or solicitor.
What to do if you are invited to a review
A review letter can be unsettling, especially years after the award. A calm, organised response helps. These steps follow the regulations; they are not a guarantee of any outcome.
- Read what is being asked. On a revision the SMP should be asked one question: the degree of your disablement (regulation 30(2)). If the letter or the SMP's instructions ask whether your injury was on duty or whether you were ever disabled, query it in writing.
- Get advice early. If you are a member, contact your Police Federation representative. A solicitor who handles police injury awards is another option. Do this before the examination, not after the report.
- Gather evidence of now, not then. The question is whether things have substantially changed since your last decision. Collect current medical evidence (GP, consultant, treatment records), a short factual account of what you can and cannot do, and any work you have done or tried. Keep copies of everything you send.
- Find your last decision. Ask for a copy of the last SMP or board report on your degree of disablement. Under Laws that decision is the baseline.
- Attend, or explain in writing. Regulation 33 lets the authority decide on the evidence it has if you wilfully or negligently fail to attend an examination or interview. If you cannot attend for a good reason, say so in writing straight away and ask for another date.
- Get the report. Regulation 30(7) says a copy of the SMP's report must be supplied to you. Note the date you receive it.
- Diarise the appeal dates. Notice of appeal within 28 days of receiving the report, then a statement of grounds within a further 28 days of the notice being received. The authority can allow longer, but ask in writing before the deadline rather than relying on it (regulation 31).
- Consider reconsideration. Regulation 32(2) lets the authority and you agree to send a final decision back to the medical authority for reconsideration. In Crudace the court said this power is expressed in general terms and is not limited in time (paras 91 to 94). It needs the authority's agreement.
- What has prompted this review, and what evidence of a change do you hold?
- What question will be referred to the SMP? (On a revision it should be the degree of disablement only.)
- Which SMP has been selected, and will I see the instructions and documents sent to them?
- What decision was made at my last assessment, and may I have a copy of that report?
- If my band changes, from what date will the revised pension be paid?
- Do you have a written policy on injury pension reviews? May I have a copy?
- Your original award letter and every later decision letter.
- Every SMP and board report, with the date you received it.
- Current medical evidence, and a list of treatment since your last decision.
- A note of any work, training or qualifications since your last decision, and how your condition affects them.
- Copies of everything you send, and proof of the date you sent it.
Our SMP appointment checklist covers what to bring and what to ask at the examination, and the appeals guide explains the board of medical referees, costs and the late-cancellation rule.
If a review reduces your award: the routes
There are different routes for different kinds of disagreement. Which one fits depends on what you think went wrong.
| What you disagree with | Route | Regulation |
|---|---|---|
| The SMP's medical decision on your degree of disablement | Appeal to a board of medical referees: notice within 28 days of receiving the report, grounds within a further 28 days | Regulation 31 |
| A final medical decision you and the authority both think should be looked at again | Reconsideration by agreement | Regulation 32(2) |
| A refusal by the authority to admit a claim to an award, or to a larger award than granted | Appeal to the Crown Court. The court is bound by any final medical decision | Regulations 34 and 36(2) |
| The way the law was applied, for example using age as the reason | Judicial review in the High Court. Laws, Crudace and Simpson were all judicial review claims | Not in the regulations; strict and short court time limits apply |
The appeal deadline is the one most often missed. It runs from the date you receive the report, not the date on it. If you need more time, ask the authority in writing before the 28 days end; regulation 31 lets it allow a longer period, but it does not have to. For costs on an appeal and the rules on late cancellation, read our appeals guide before you commit to a hearing date.
If you are over 65 and a review is proposed
Everything in the previous section applies. In addition:
- Ask why now. A review can happen at any age, but you are entitled to ask what has prompted it and what evidence of change the authority has. If the only reason given is your age or that you are no longer expected to work, point to Simpson [2012] EWHC 808 (Admin), paragraphs 32 to 34 and 42.
- Retirement is not the same as no earning capacity. Simpson rejected the assumption that someone over 65 would no longer be in gainful employment "but for" the injury and so has a nil earning capacity (para 33).
- Your condition can be the deciding factor either way. If your condition has worsened, a review is also the route to a higher band.
Some pensioners were reviewed under the old guidance before Simpson. Possible routes include asking the authority to agree a reconsideration under regulation 32(2), as in Crudace. Whether any route is still open for you, and on what terms, depends on your facts and on time limits that we have not checked for your case. Take legal advice; do not rely on this page for it.
Review scenarios: what the rules say
These are typical situations, not real cases, and the right-hand column is what the regulations or judgments say, not a prediction of the result. Results turn on the medical evidence and the facts.
| Situation | What the rules say | What to ask or do |
|---|---|---|
| You are 67 and a letter says your award is being reviewed. No reason is given. | A review at any age is allowed, but age is not a reason to reduce (Simpson). The test is substantial alteration since the last decision. | Ask in writing what prompted the review and what evidence of change the authority holds. |
| Your condition has got worse since your last decision. | A review can increase the pension if the degree of disablement has substantially altered (regulation 37(1)). | Send current medical evidence and ask the authority to consider a review. |
| You have started part-time work. | Earning capacity can be affected by external factors (Laws, para 27). Actual earnings are not the test; capacity is. | Get advice before the examination. Be accurate about hours, duties and how your condition limits them. |
| You have completed a degree or retrained. | New skills can be relevant, but Laws said the effect of a non-professional degree was likely to be modest without concrete job prospects (para 28). | Explain what jobs, if any, the qualification has actually opened up, given your condition. |
| You are on a 2015 upper tier pension and the enhancement has been stopped under regulation 114. | That is not one of the terminations in regulation 37(3). The lower tier continues for life (2015 regulation 114(7)). | Ask the administrator to confirm in writing that the injury pension continues and how it is recalculated. |
| You rejoin a police force as a regular officer. | The authority may, in its discretion, withdraw all or part of the injury pension for that period (regulation 39). Rejoining after a rejoin offer (or, with a 2006-scheme ill-health pension, rejoining any force) can also end the ill-health pension and with it the injury pension (regulation 37(3)). | Before accepting, ask in writing what will happen to both pensions. |
| You left with a deferred pension not yet in payment, and you have fully recovered. | If you are not also receiving a police pension and the disability has ceased, regulation 37(2) terminates the injury pension. | Take advice before the review; the medical question is whether the disability has ceased. |
| You receive Industrial Injuries Disablement Benefit for the same injury. | That is a Schedule 3 paragraph 7 deduction, not a review. It changes the amount paid, not your band. | See our deductions guide. |
| You could not attend the examination because you were in hospital. | Regulation 33 applies only to a wilful or negligent failure to attend. | Tell the authority in writing at once, with evidence, and ask for a new date. |
| You are told you will be placed in band 1 'because you are retired'. | Simpson rejected the assumption that a retired person has no earning capacity (para 33). | Ask for the reasons in writing and take advice about appealing within 28 days of receiving the report. |
Common mistakes
- "It stops at 65." No. Payable for life (regulation 43(3)); no age rule in the regulations.
- "It stops at State Pension age." No. And the State Pension is not deducted from it.
- "At 65 they move everyone to band 1." That was the old guidance, declared unlawful in Simpson (2012).
- "A review can only go down." No. "Substantially altered" works both ways.
- "They can decide my injury was not on duty after all." Not on a regulation 37 review. Only the degree of disablement is referred.
- "They must review me every five years." That is an ill-health pension rule (2015 regulation 114, 2006 regulation 51), not an injury pension rule. Regulation 37 says "suitable intervals".
- "If I lose my upper tier, I lose my injury pension." No. Regulation 37(3) is limited to the listed termination rules, and losing the enhancement is not one of them.
- "A lower band means I repay the gratuity." Regulation 37 only revises the pension.
- "Getting a part-time job will end my award." Not automatically. It may be relevant evidence of earning capacity on a review (Laws, para 27), but only a substantial alteration in the degree of disablement changes the band.
Not verified or needs checking
- Current Home Office guidance on reviews. We found Circular 007/2012 and the withdrawn medical appeals guidance on GOV.UK. We did not find any current Home Office guidance document specifically on regulation 37 reviews. Your force may have its own review policy; ask for it.
- Consolidated text. legislation.gov.uk does not yet show all amendments to the 2006 Regulations. We applied SI 2018/997 regulation 20 and SI 2011/3063 by reading them. The wording of regulation 37(2) to (4) as amended by SI 2006/3415 for the 2006 scheme was inferred from the 2018 amending text rather than read in a consolidated version.
- Whether a review can be backdated. We did not verify from what date a revised pension takes effect, up or down. Ask your administrator to state the effective date in writing.
- Pre-2012 reductions. Whether a pensioner reduced at 65 under the old guidance can still reopen it, and any time limits, depends on the facts. Needs a solicitor.
- Effect of a police pension change on the injury pension. The Schedule 3 arithmetic says a smaller police pension means a smaller deduction. We did not verify how each administrator applies this in practice when, for example, a 2015 upper tier enhancement stops.
- Scotland and Northern Ireland. This page applies the England and Wales regulations. Scotland and Northern Ireland have their own regulations and review practice, which we have not checked here.
- Pensions increase. Worked examples ignore annual pensions increases, which apply to the injury award and the police pension. Your award letter shows the current amounts.
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Frequently Asked Questions
What age does a police injury pension stop?
There is no age at which it stops. Regulation 43(3) of the Police (Injury Benefit) Regulations 2006 says the pension is payable for life, subject to the review, withdrawal and forfeiture rules in Part 5. Reaching 55, 60, 65 or State Pension age does not end it.
Is a police injury pension for life?
It is payable for life (regulation 43(3)), but it is not fixed for life. The police pension authority can review the degree of disablement at suitable intervals under regulation 37 and revise the pension up or down if it has substantially altered. It can also end or pause in a few specific situations set out in regulations 37(2) to (4), 39 and 40.
Can my injury pension be reduced at 65 or at State Pension age?
Not because of your age. In R (Simpson) v Police Medical Appeal Board [2012] EWHC 808 (Admin) the High Court declared unlawful the Home Office guidance that let forces place pensioners in the lowest band at 65 without a cogent reason. A review after 65 must ask the same question as any other review: has the degree of disablement substantially altered?
How often is a police injury pension reviewed?
Regulation 37(1) says 'at such intervals as may be suitable'. It sets no minimum or maximum gap and no fixed cycle. Each police pension authority sets its own approach. That is different from the ill-health pension rules, which set minimum intervals for some reviews.
Can a review increase my injury pension?
Yes. Regulation 37(1) says the pension is revised if the degree of disablement has substantially altered, which works in both directions. If your condition and its effect on your earning capacity have got worse, a review can move you to a higher band.
Can a review look again at whether my injury happened on duty?
No. When an authority is considering revising an injury pension, regulation 30(2) only refers question (d), the degree of disablement. The Court of Appeal in Laws (2010) held that the earlier decision is taken as a given and a review cannot reduce the pension because the clinical basis of the earlier assessment is now thought wrong.
Does a review affect the injury gratuity I was paid?
Regulation 37 provides only for the pension to be revised. It says nothing about the one-off gratuity, which is paid when entitlement first arises (regulation 43(6)). If anyone suggests repaying or topping up the gratuity after a review, ask them in writing which regulation they rely on.
If my upper tier ill-health enhancement stops on review, does my injury pension stop too?
Not under regulation 37(3). That paragraph ends the injury pension only when the ill-health pension itself is terminated under 1987 regulation K1(4), 2006 regulation 51(5) or (6), or 2015 regulation 111 or 115. Losing only the 2015 upper tier enhancement under regulation 114 is not on that list.
What happens if I do not attend a review examination?
If you wilfully or negligently fail to attend an examination or interview the medical practitioner thinks necessary, regulation 33 lets the authority decide on the evidence it has. On an appeal to a board of medical referees, the appeal is treated as withdrawn. If you cannot attend, explain why in writing straight away.
How long do I have to appeal a review decision?
Give notice of appeal within 28 days of receiving the selected medical practitioner's report, then a statement of grounds within a further 28 days of the notice being received. The authority can allow longer in each case (regulation 31). Diarise both dates the day the report arrives.
Does a new job or a new qualification affect a review?
It can. In Laws the Court of Appeal said earning capacity can change through external factors such as new skills, not only medical change. It also said the effect of a qualification is likely to be modest unless it has concrete results in real job prospects. Take advice before a review if your work situation has changed.
Is the State Pension deducted from my police injury pension?
No. The State Pension is not one of the benefits listed in Schedule 3 paragraph 7, so it does not reduce the injury pension. Three-quarters of your police pension and certain injury-related benefits are the only deductions.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 7 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Police (Injury Benefit) Regulations 2006 (SI 2006/932), regulation 37: reassessment of injury pension (legislation.gov.uk) — 37(1) 'at such intervals as may be suitable', 'substantially altered'; 37(2) to (4) terminations. The revised text still shows the pre-2018 wording, so read with SI 2018/997 regulation 20 (accessed 7 October 2026)
- Police and Firefighters' Pensions (Amendment) Regulations 2018 (SI 2018/997), regulation 20 (as made) — adds 2015-scheme pensions to regulation 37(2), regulations 111 and 115 of the 2015 Regulations to 37(3), and regulation 116 to 37(4) (accessed 7 October 2026)
- SI 2006/932, regulation 43: payment and duration of awards — 43(3) pension 'payable for life' subject to Part 5; 43(6) gratuity payable in one sum when entitlement arises (accessed 7 October 2026)
- SI 2006/932, regulation 30: reference of medical questions — on revising an injury pension only question (d), the degree of disablement, is referred; 30(6) report final subject to regs 31 and 32; 30(7) copy to the person (accessed 7 October 2026)
- SI 2006/932, regulation 31: appeal to board of medical referees — 28 days after receiving the report to give notice; a further 28 days for grounds; longer if the authority allows (accessed 7 October 2026)
- SI 2006/932, regulation 32: further reference to medical authority — 32(2) reconsideration of a final decision by agreement of the authority and the claimant (accessed 7 October 2026)
- SI 2006/932, regulations 34 and 36: appeal to the Crown Court and limitations — Crown Court appeal against refusal of a claim or of a larger award; 36(2) court bound by final medical decisions (accessed 7 October 2026)
- SI 2006/932, regulation 33: refusal to be medically examined — wilful or negligent failure to attend: decision on the evidence available, or appeal deemed withdrawn (accessed 7 October 2026)
- SI 2006/932, regulations 39 and 40: withdrawal during service and forfeiture — reg 39 discretionary withdrawal while serving again as a regular officer; reg 40 forfeiture for specified convictions (accessed 7 October 2026)
- SI 2006/932, Schedule 3 (as made): police officer's injury award — table of degrees of disablement; para 6 three-quarters pension deduction; para 7 benefits list; para 8 no payment where deductions exceed the pension (accessed 7 October 2026)
- Police Pensions (Amendment) Regulations 2011 (SI 2011/3063) — in force 16 January 2012; replaces 'police authority' with 'police pension authority' in the listed regulations (accessed 7 October 2026)
- Police Pensions Regulations 1987, regulation K1 — K1(4): on rejoining, or at the end of a rejoin offer, the unsecured ill-health pension and any injury pension end (accessed 7 October 2026)
- Police Pensions Regulations 2006, regulation 51 — reviews of standard (to 55) and enhanced (at least 5 years apart, to 65) ill-health pensions; 51(5) and (6) termination on rejoining (accessed 7 October 2026)
- Police Pensions Regulations 2015, regulations 111, 114, 115 and 116 — lower tier cancellation after a rejoin offer (111); upper tier enhancement reviews at least 5 years apart until State Pension age, lower tier continues for life (114); treatment refusal (115); early-paid deferred pension (116) (accessed 7 October 2026)
- Police Pensions Regulations 2015, regulations 110 and 117 and Schedule 1 paragraph 2 — lower tier reviews until normal pension age (110); the questions referred on ill-health reviews (117); 28 plus 28 days to appeal (Sch 1 para 2) (accessed 7 October 2026)
- Metropolitan Police Authority v Laws [2010] EWCA Civ 1099 (Find Case Law, National Archives) — paras 18 to 19: the earlier decision is taken as a given; no reduction because the clinical basis was wrong; paras 27 to 28: new skills can affect earning capacity (accessed 7 October 2026)
- R (Crudace) v Northumbria Police Authority [2012] EWHC 112 (Admin) (Find Case Law) — 2 February 2012: a 2009 review under the age-65 guidance that cut a band 3 award to band 1 was quashed; paras 91 to 94 on reconsideration under regulation 32(2) (accessed 7 October 2026)
- R (Simpson) v Police Medical Appeal Board [2012] EWHC 808 (Admin) (Find Case Law) — 21 February 2012: paras 32 to 34 and 42, declaration that the age-65 sections of Circular 46/2004 and the medical appeals guidance were inconsistent with the Regulations and unlawful (accessed 7 October 2026)
- Home Office Circular 007/2012: guidance on police injury award reviews (GOV.UK) — published 30 March 2012; records the Simpson decision and advises authorities to act in line with the regulations and case law (accessed 7 October 2026)
- GOV.UK: Police Medical Appeal Board guidance (withdrawn) — withdrawn 1 September 2022: 'out of date and has been archived' (accessed 7 October 2026)
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Disclaimer
PolicePay.co.uk is an independent reference site. This page is general information, not legal, medical or financial advice, and the outcome of any injury award or ill-health retirement decision turns on the medical evidence and the facts of the individual case. Decisions are made by the police pension authority, selected medical practitioners and appeal boards, and the regulations are amended from time to time. Speak to your Police Federation representative or a solicitor about your own case, and your pension administrator about your figures. If you are struggling, speak to your GP or one of the services listed on our support directory; if you or someone else is in immediate danger, call 999. Details apply to England and Wales unless stated. Details are as checked on 7 October 2026.