Regulation 12 provides a lump-sum for officers who: 

1. receive an injury without their own default in the execution of their duty; 
2. cease to be a member of the police force; and 
3. within 12 months of receiving that injury, become totally and permanently disabled as a result of the injury. 

The consultation considers whether the ‘12 month Rule’ is consistent with the Equality Act 2010 (EqA 2010) on the premise that a time limit may not be appropriate, particularly for injuries related to mental health conditions that may develop progressively. 

Key issues raised by the consultation  

• Whether the rule is consistent with the Equality Act 2010. 
• Whether mental health injuries are treated fairly compared with physical injuries 
• Whether the ’12 month’ time-limit is appropriate, particularly for conditions that may develop progressively. 
• Whether the inclusion of any time limit is appropriate for a full disablement gratuity. 

Government response 

The latest update to the Consultation was published in April 2025.  

The consultation concluded that the lack of conclusive data on the issue meant that further information and insight are required before any changes considered for Regulation 12. 

However, it was recognised that the majority of individual respondents were of the opinion that Regulation 12 is not consistent with the Home Secretary’s duties under the Equality Act 2010 and does not make adequate provision for progressive mental health conditions; whereas the responses from representative organisations did not arrive at an overall consensus on Regulation 12.  

The Home Office has taken the view that further data and evidence are required to conclude whether Regulation 12 provides differently for mental health conditions, as opposed to physical conditions. It will therefore undertake an engagement exercise with stakeholders, medical experts and other experienced groups and individuals to collect and analyse more focused data and evidence. The setup and approach for this engagement exercise will be published in due course. The Home Office will consult further on any proposed changes, if necessary. 

What this means for forces and/or officers  

• Mental health cases: Be mindful that progressive or delayed-onset conditions may expose forces to Equality Act challenges. 
• Policy updates likely: The Home Office is considering whether changes to the Regulations are required. Forces and staff associations should be prepared for further reform. 

How Capsticks can help  

Capsticks has extensive experience in supporting employers to navigate changes in employment law and policy. Our experts continue to monitor developments and advise on practical implications once the government sets out its final position on legislative or policy change.  

For further information, contact Kate Beech and/or Rebecca Foster.