85.—(1) While a pension or allowance is payable—
(a)it is payable in respect of each week; and
(b)the Board shall discharge its liability in respect of it by making payments in advance at such reasonable intervals as it may determine,
but payment may be delayed to the extent necessary for determining any question as to the liability of the Board.
(2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.
(3) Where, after receiving a payment in advance in respect of a pension under Part C, a surviving spouse or civil partner marries or forms a subsequent civil partnership, no claim for repayment shall be made on the ground that the payment of any part of it is referable to a period after the remarriage or, as the case may be, the formation of the new civil partnership.
(4) Subject to paragraphs (5) to (7), pensions under Part C and allowances under Part D (“survivors’ benefits”) are payable from the date of the death.
(5) Subject to paragraphs (6) and (7), in the case of a posthumous child any allowance under Part D is payable from the date of his birth.
(6) Where the deceased—
(a)was in receipt of a pension; and
(b)died during a period in respect of which he had already received it,
no survivors’ benefits are payable before the end of that period.
(7) Where the deceased received a gratuity survivors’ benefits are payable from the first anniversary of his death or such earlier date as the Board, in the circumstances of the case, thinks fit.
(8) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—
(a)payment may be delayed to the extent necessary for determining any question as to the liability of the Board; and
(b)if the Board is satisfied that it would be to the advantage of the person entitled, it may pay a gratuity in instalments of such reasonable amounts and over such reasonable period as it thinks fit.
(9) Where a person is entitled under article 17 to the repayment of his aggregate pension contributions, the Board is not obliged to make payment—
(a)until the expiration of a year from the date of his retirement; or
(b)until he requests payment,
whichever is the earlier.
Commencement Information
I1ANNEX Scheme Pt. M art. 85 in operation at 1.4.2006, see art. 1(2)
86.—(1) This article applies where a person is entitled in respect of any particular period to two or more pensions or allowances under this Scheme or the Compensation Scheme.
(2) A pension payable—
(a)under article 20 to the beneficiary of an allocation;
(b)under article 78 (guaranteed minimum pensions);
(c)under article 74 (pension credit member’s entitlement to pension)
is not a pension for the purposes of this article.
(3) Subject to paragraph (4), where this article applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.
(4) For the purposes of this article, where a person is entitled—
(a)under the Compensation Scheme to an injury pension and also under article 13, 14, 15 or 16 to an ordinary, short service, ill-health or deferred pension; or
(b)to a pension in respect of service as a member of the fire and rescue service and also to a pension as the surviving spouse or civil partner of such a member; or
(c)to pensions as the surviving child of both parents who served as members of the fire and rescue service,
those pensions shall be treated as one.
Commencement Information
I2ANNEX Scheme Pt. M art. 86 in operation at 1.4.2006, see art. 1(2)
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
I3ANNEX Scheme Pt. M art. 87 in operation at 1.4.2006, see art. 1(2)