The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

PART 5 N.I. AWARDS ON DEATH: ADDITIONAL PROVISION

Adult dependent relative’s special pension N.I.

1.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a) a parent of the deceased; or

(b) a brother or sister of the deceased who had attained the age of 19 before the death; or

(c) a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the Board, having regard to all the circumstances of the case, so determines, it may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a) shall be calculated in accordance with Part 1 of Schedule 4; and

(b) is payable for such period or periods as the Board may, from time to time, determine.

Commencement Information

I1 Annex Scheme Pt. 5 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Dependent relative’s gratuity N.I.

2.—(1) This rule applies where a person dies—

(a) while serving as a regular firefighter; or

(b) while in receipt of a pension other than a deferred pension,

and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a) was substantially dependent on the deceased immediately before the death; and

(b) is not entitled to any award under this Scheme.

(3) If the Board thinks fit, it may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

Commencement Information

I2 Annex Scheme Pt. 5 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Gratuity in lieu of surviving spouse’s or civil partner’s pension N.I.

3.—(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act (Northern Ireland) 1971, does not exceed the commutation limit specified for the purposes of Part 1 of Schedule 29 to the Finance Act 2004(1) (lump sum rule) in paragraph 7(4) of that Part (trivial commutation lump sum), the Board may commute the pension for a gratuity.

(2) Where—

(a) a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3; and

(b) the Board is satisfied that there are sufficient reasons; and

(c) the surviving spouse or civil partner consents; and

(d) the deceased spouse or civil partner died before his 75th birthday,

the Board may commute the pension for a lump sum.

(3) The Board may only commute a pension for a lump sum under this rule when the pension first becomes payable.

(4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Commencement Information

I3 Annex Scheme Pt. 5 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Lump sum in lieu of child’s special allowance N.I.

4.—(1) Where—

(a) a child is entitled to a special allowance under rule 1 of Part 4; and

(b) the Board is satisfied that there are sufficient reasons; and

(c) a surviving parent or the child’s guardian, or if he has neither, the child himself, consents,

the Board may commute the allowance for a lump sum.

(2) A lump sum under this rule shall be calculated in accordance with Part 2 of Schedule 4.

Commencement Information

I4 Annex Scheme Pt. 5 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Increase of pensions and allowances during first 13 weeks N.I.

5.—(1) Paragraphs (2) to (4) apply to a surviving spouse’s or civil partner’s special pension (“the survivor’s pension”) where the deceased died—

(a) while serving as a regular firefighter; or

(b) while in receipt of a pension.

(2) For each or the first 13 weeks for which it is payable the survivor’s pension shall if necessary be increased so that the total of—

(a) the survivor’s pension; and

(b) any children’s allowances payable under this Scheme or the Pension Scheme,

is not less than the appropriate amount.

(3) The appropriate amount is—

(a) where paragraph (1)(a) applies, the deceased’s pensionable pay for a week; and

(b) where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pension (Increase) Act (Northern Ireland) 1971,

immediately before the death.

(4) For the purposes of paragraph (3)(b)—

(a) any reduction in the deceased’s pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VII of Schedule 2 to the Pension Scheme (reduction of pension related to up-rating of widow’s pension) shall be disregarded; and

(b) where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.

(5) Paragraphs (6) and (7) apply to a child’s special allowance under this Scheme and a child’s ordinary or accrued allowance under the Pension Scheme where the deceased died as mentioned in paragraph (1) and—

(a) there is no surviving spouse or civil partner; or

(b) a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.

(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall if necessary be increased—

(a) so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4); or

(b) where two or more allowances are payable, so that the amount paid in respect of each of them is not less than the appropriate amount divided by the number of allowances.

(7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the Pension Scheme is payable to a surviving spouse or civil partner.

Commencement Information

I5 Annex Scheme Pt. 5 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

(1)

2004 c.12.