The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Payment of awards - supplementary N.I.

87.—(1) Any sum payable to a minor in respect of an award may, if the Board thinks fit, be paid by it to such other person as it may determine, who shall, in accordance with any directions given by the Board, apply it for the minor’s benefit.

(2) If it appears to the Board that a person entitled to payment of an award is, by reason of mental disorder or otherwise, incapable of managing his affairs—

(a) it may pay the award or any part of it to a person having the care of the person entitled, or such other person as it may determine; and

(b) insofar as it does not pay the award in that manner, it may apply it in such manner as it thinks fit for the benefit of the person entitled or his dependants.

(3) On the death of a person to whom there was due in respect of an award a sum not exceeding the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967(1) and applying in relation to the death, the Board may, as it thinks fit, without requiring the production of probate or any other proof of title—

(a) where only one person appears to be beneficially entitled to the personal estate of the deceased, pay the sum to that person; or

(b) in any other case, either pay the sum to one of the persons appearing to be so entitled or distribute it among all or any of them in such proportions as the Board may determine.

(4) An assignment of or charge on an award is void to the extent that—

(a) it is in favour of a person other than a dependent of the person entitled to the award; or

(b) it relates to a sum due in respect of the secured portion of an ordinary, short service, ill-health or deferred pension for a period beyond state pensionable age; or

(c) to pensions as the surviving child of both parents who served as members of the fire and rescue service.

(5) On the bankruptcy of a person entitled to an award the award does not pass to any trustee or other person acting on behalf of the creditors.

(6) Subject to paragraphs (7) to (9), where as a result of fraud, theft or negligence on the part of a regular firefighter in connection with his employment there has been a loss to the funds the Board, the Board may withhold all or part of any sums becoming due to him from the Board in respect of a pension.

(7) The total amount withheld under paragraph (6) must not exceed the amount of the loss; and in the event of any dispute as to the amount of the loss nothing may be withheld unless the loss has become recoverable from the person entitled to the pension under the order of a competent court.

(8) There shall not in any case be withheld—

(a) where a sum is due in respect of a period beyond state pensionable age, any amount in respect of the secured portion of an ordinary, short service or ill-health pension; or

(b) any part of a sum due that is not attributable to service as a member of the fire and rescue service.

(9) The Board shall provide the person entitled to the award with a certificate showing the amount withheld.

(10) In this article a reference to an award is a reference to a pension, allowance, gratuity or other award under this Scheme.

Commencement Information

I1 ANNEX Scheme Pt. M art. 87 in operation at 1.4.2006, see art. 1(2)

(1)

1967 c. 5 (N.I.)