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The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

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PART 6N.I.DETERMINATION OF QUESTIONS AND APPEALS

Determination by BoardN.I.

1.—(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the Board.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a)whether any disablement has been occasioned by a qualifying injury;

(b)the degree to which a person is disabled; or

(c)any other issue wholly or partly of a medical nature,

the Board shall obtain the written opinion of a qualified medical practitioner selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.

(3) If, by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the qualified medical practitioner selected by it, the Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a)on such other medical evidence as it thinks fit; or

(b)without medical evidence,

give such decision on the issue as it may choose to give.

Commencement Information

I1Annex Scheme Pt. 6 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Appeal to medical refereeN.I.

2.—(1) Where—

(a)an opinion of the kind mentioned in rule 1(2) has been obtained; and

(b)within 14 days of his being notified of the Board’s decision on the issue the person concerned applies to the Board for a copy of the opinion,

the Board shall supply him with a copy.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the Board in accordance with paragraph 1 of Schedule 5.

(3) The Board shall be bound by any decision on any issue referred to in sub-paragraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

(4) Further provisions as to appeals under this rule are contained in Schedule 5.

Commencement Information

I2Annex Scheme Pt. 6 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Appeal against decision of the AuthorityN.I.

3.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Board —

(a)does not admit the claim at all; or

(b)does not admit the claim to its full extent,

the Board shall reconsider the case if he applies to it to do so.

(2) If he is dissatisfied with any determination given by the Board on reconsidering the case, he may, within 2 months of being informed by the Board of the decision, appeal to the Department against the decision of the Board

(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.

(4) After considering in accordance with the foregoing provisions of this rule all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.

(5) Nothing in this paragraph shall authorise the Department to:-

(a)control or restrict the exercise of any discretion which is vested in the Board by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences);

(b)reopen any medical issue decided on appeal under rule 2; or

(c)question any certificate as to pensionable service which has become conclusive under article 45(5) of the Pension Scheme (reckoning of and certification as to pensionable service).

(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.

Commencement Information

I3Annex Scheme Pt. 6 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

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