Backdating pension

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Court rules against backdating of changes to police pensions DATE: In a significant judgment handed down today by Mr Justice Garnham, the High Court has determined that police pension variations decided by the Police Medical Appeal Board (PMAB) take effect from the date of the PMAB decision and not the date that the review process commenced or the Force Doctor made an initial decision.

The Chief Constable of Northumbria had attempted to backdate a pension reduction for a former police officer, Mr Stanley Fisher, following a PMAB decision to reduce his police injury pension under the Police (Injury Benefit) Regulations 2006.

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Law Centre (NI) is concerned about the potential impact of some of these changes on several groups of people in Northern Ireland: older people entitled to claim Pension Credit, people in work entitled to Housing Benefit including migrant workers and self-employed people and others who could be considered vulnerable.

We believe the proposed timetable for implementation in October 2008 does not allow enough time for a proper consideration of these recommendations from any SSAC report which will follow from their consultation with stakeholders.

In some cases, you have to have a good reason for making a late claim and in other cases, the reason does not matter.

The deadline for backdating a claim depends on the benefit.

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