The Fire Services (Compensation) Regulations 1974

Compensation payable on the death of a claimant

24.—(1) Where a person to whom this part of these Regulations applies dies, payments in accordance with this Regulation shall be made to or for the benefit of his widow or child or to his personal representatives or as the case may be, to trustees empowered by him to stand possessed of any benefit under the Firemen's Pension Scheme.

(2) Where the widow or child has become, or but for the person's loss of employment as a regular fireman would have become, entitled to benefits under the Firemen's Pension Scheme, the widow or child, as the case may be, shall (subject to the provisions of this Regulation) be entitled to compensation calculated from time to time in accordance with the methods prescribed by the Firemen's Pension Scheme modified as follows:—

(a) where the person dies before becoming entitled to receive retirement compensation, and the Firemen's Pension Scheme provides that when he dies in service his widow or child shall be entitled for any period to a benefit equal to his pensionable pay, the annual rate of compensation for that period shall be equal to the annual amount of his long-term compensation calculated in accordance with paragraphs (1) to (3) of Regulation 14;

(b) where the person dies before becoming entitled to receive retirement compensation and the Firemen's Pension Scheme provides that when he dies in service his widow or child shall be entitled for any period to a benefit calculated by reference to the pension or ill-health pension which would have been payable to him if he had retired immediately before his death, the compensation for that period shall be calculated by reference to the retirement compensation to which he would have been entitled under Regulation 20 if that Regulation had been applied to him immediately before his death;

(c) where a person dies after becoming entitled to receive retirement compensation and the Firemen's Pension Scheme provides that when he dies after having retired his widow or child shall be entitled for any period to a benefit equal to his pension, the annual rate of compensation for that period shall be equal to the annual amount of retirement compensation;

(d) where a person dies after he has become entitled to receive retirement compensation and the Firemen's Pension Scheme provides that when he dies after having retired his widow or child shall be entitled for any period to a benefit calculated by reference to his pension, the annual rate of compensation for that period shall be calculated by reference to the annual amount of retirement compensation that would have been payable to him but for any reduction or suspension under Regulation 28(1).

(3) Calculation of the amounts described in paragraph (2) shall be subject to the following adjustments, that is to say—

(a) where any retirement compensation has been surrendered under Regulation 18(5) or compounded under Regulation 31 any sum payable under paragraph (2)(b) or (d) shall be calculated as if such surrender or compounding had not taken place;

(b) if immediately before his death the person's long-term compensation was reduced under Regulation 14(4) or 30 or his retirement compensation was reduced or suspended under Regulation 28(1) by reason of employment in which he was subject to a pension scheme and the widow or child is entitled under that scheme for any period to a benefit equal to his pensionable remuneration, regard shall be had to any such reduction or suspension for the purpose of sub-paragraphs (a) and (c).

(4) If the person in question suffered a diminution of emoluments, the provisions of paragraph (2) shall apply with the substitution of references to diminution of emoluments for references to loss of employment, and the sums payable to his widow or child shall be calculated, as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution.

(5) Compensation payable in accordance with this Regulation shall be payable on the like conditions in all respects as a widow's pension or, as the case may be, a child's allowance under the Firemen's Pension Scheme and, accordingly, the provisions of that Scheme (including any provision for the commutation of a pension or allowance for a gratuity) shall apply, subject to any necessary modifications, in relation to such compensation as they apply in relation to such a pension or allowance.

(6) Except where retirement compensation payable to the deceased person has been reduced under Regulation 22(1), the payments by way of compensation under this Regulation shall, in the aggregate, be reduced by an amount the capital value whereof is equal to the amount of any award by way of repayment of aggregate contributions received by him under the Firemen's Pension Scheme and either not paid to the compensating authority in accordance with Regulation 22(1) or refunded to him by that authority; and, where payments under this Regulation are made to or for the benefit of two or more persons, the said reduction shall be apportioned between those payments according to the capital value thereof.

(7) Where a person to whom this part of these Regulations applies dies and, but for his loss of employment as a regular fireman, the fire authority would have had discretion to grant a gratuity to a person who was substantially dependent on him immediately before his death, the compensating authority shall have a like discretion to grant a gratuity calculated in accordance with the methods prescribed by the Firemen's Pension Scheme.

(8) In this Regulation and in Regulation 26 the expression “child” has the same meaning as in the Firemen's Pension Scheme and related expressions shall be construed accordingly.