ON APPEAL FROM QUEEN'S BENCH DIVISION
MR JUSTICE LANGSTAFF
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOSES
LORD JUSTICE SULLIVAN
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POLICE MEDICAL APPEAL BOARD
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Mr Oliver Saunders and Mr Samuel Green (instructed by Treasury Solicitors) appeared on behalf of the Respondent.
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Lord Justice Moses:
"Once a former officer receiving an injury pension reaches the age of 65 they will have reached their State Pension Age irrespective of whether they are male or female.
The force then has the discretion, in the absence of a cogent reason otherwise, to advise the SMP to place the former officer in the lowest band of Degree of Disablement. At such a point the former officer would normally no longer be expected to be earning a salary in the employment market.
A review at age 65 will normally be the last unless there are exceptional circumstances which require there to be a further review."
Lord Justice Sullivan:
Lord Justice Carnwath:
Order: Appeal allowed