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Award for hospitalisation or medical leave for operationally ready national servicemen, volunteers and volunteer ex-NSmen

Police (Special Constabulary) Regulations

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—(1) This regulation applies to an operationally ready national serviceman, volunteer or volunteer ex-NSman —(a)who sustains, on or after 1 September 2020, any injury received in and which is attributable to service while performing national service or volunteer service, as the case may be; (b)who, because of the injury, is on hospitalisation leave or medical leave on or after his or her service end date; and(c)to whom any of the following applies:(i)while on the hospitalisation leave or medical leave (as the case may be), he or she is employed under a contract of service and suffers a loss of earnings under the contract of service as a result of the hospitalisation leave or medical leave;(ii)while on the hospitalisation leave or medical leave (as the case may be), he or she is engaged under a contract for services or engaged in any trade, business, profession or vocation and suffers a loss of income derived from the contract for services, trade, business, profession or vocation (as the case may be) as a result of the hospitalisation leave or medical leave; (iii)he or she —(A)within 25 consecutive weeks immediately before sustaining the injury, has not been employed under a contract of service, engaged under a contract for services or engaged in any trade, business, profession or vocation; (B)before or after sustaining the injury —(BA)has entered into a contract of service, been engaged under a contract for services, or been engaged in any trade, business, profession or vocation; or(BB)has applied to enter into a contract of service or to be engaged under a contract for services, or made efforts to be engaged in any trade, business, profession or vocation; and(C)because of the injury, is unable to —(CA)continue to work under the contract of service or contract for services, or in the trade, business, profession or vocation, as the case may be; or(CB)enter into the contract of service, be engaged under the contract for services, or be engaged in the trade, business, profession or vocation, as the case may be.(2) Subject to paragraphs (3), (4) and (6), a person mentioned in paragraph (1) is eligible, starting on the person’s service end date, to an award payable at a rate determined by the Approving Authority for each day the person is on hospitalisation leave or medical leave.(3) Paragraph (2) does not apply to hospitalisation leave or medical leave granted on any day after the earlier of the following:(a)where within one year after the person’s service end date, the person mentioned in paragraph (1) is paid an award in respect of total disability under regulation 46 — the expiry of one year starting on the person’s service end date;(b)in any other case — the earlier of the following:(i)the date on which the award in respect of total disability under regulation 46 is paid;(ii)the 720th day starting on the person’s service end date.(4) The person mentioned in paragraph (1) must apply for the award mentioned in paragraph (2) no later than 720 days after the person’s service end date or any later date that the Approving Authority may allow in any particular case.(5) Where a person mentioned in paragraph (1) is eligible for any award under paragraph (2), that award must not be deducted from any other award or gratuity granted to the person under this Part. (6) If a person mentioned in paragraph (1) has, before 1 January 2023, received any award from the Government in respect of hospitalisation leave or medical leave in the circumstances specified in paragraph (1), the award mentioned in paragraph (2) is to be reduced by the amount of the firstmentioned award.(7) For the purpose of this regulation —(a)where a person mentioned in paragraph (1) is certified by a medical professional of an approved medical institution specified in the Second Schedule or an overseas medical professional of such a medical institution to be ill enough to need to be hospitalised, but the person is not hospitalised for any reason, the person is considered to be on hospitalisation leave; and(b)the person is not taken to be on hospitalisation leave or medical leave on any day when the person takes a rest day or paid leave under the Employment Act 1968 or the Child Development Co-Savings Act 2001.

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