The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

1. Introductory Text

2. 1. Citation, commencement, effect and interpretation

3. 2. New compensation scheme for firefighters

4. 3. General transitional provisions

5. 4. Transitional provision: decisions and determinations made before 1st April 2006

6. Signature

7. 1. ANNEX

      The Firefighters’ Compensation Scheme (Northern Ireland) 2007

      1. PART 1 GENERAL PROVISIONS

         1. 1. Citation, commencement and effect

         2. 2. Interpretation

         3. 3. Exclusive application to regular firefighters

         4. 4. Application to temporary employment connected with fire services

         5. 5. Application to permanent employment as instructor

         6. 6. Reckoning of service for purposes of awards

         7. 7. Qualifying injury

         8. 8. Disablement

         9. 9. Death or infirmity resulting from qualifying injury

         10. 10. Effective date of retirement

      2. PART 2 INJURY AWARDS AND DUTY-RELATED COMPENSATION

         1. 1. Injury awards

         2. 2. Part-time members

         3. 3. Compensation for death or permanent incapacity while on duty

         4. 4. Commutation of small compensatory pensions

      3. PART 3 AWARDS ON DEATH: SPOUSES AND CIVIL PARTNERS

         1. 1. Special award for spouse or civil partner

         2. 2. Augmented award for spouse or civil partner

         3. 3. Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership

         4. 4. Limitation where spouse or civil partner is living apart

         5. 5. Effect of new relationship

      4. PART 4 AWARDS ON DEATH: CHIDREN

         1. 1. Child’s special allowance

         2. 2. Child’s special gratuity

         3. 3. Child’s special allowance or gratuity: limitations

      5. PART 5 AWARDS ON DEATH: ADDITIONAL PROVISION

         1. 1. Adult dependent relative’s special pension

         2. 2. Dependent relative’s gratuity

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

         4. 4. Lump sum in lieu of child’s special allowance

         5. 5. Increase of pensions and allowances during first 13 weeks

      6. PART 6 DETERMINATION OF QUESTIONS AND APPEALS

         1. 1. Determination by Board

         2. 2. Appeal to medical referee

         3. 3. Appeal against decision of the Authority

      7. PART 7 SERVICEMEN

         1. 1. Interpretation of Part 7

         2. 2. Awards to servicemen

         3. 3. Awards on death of servicemen

         4. 4. Servicemen who resume service as regular firefighters

      8. PART 8 SPECIAL CASES

         1. 1. Award for or in relation to employee who is not a regular or retained firefighter

         2. 2. Award for or in relation to a retained or volunteer firefighter

         3. 3. Employees other than regular firefighters: supplementary

      9. PART 9 REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

         1. 1. Review of injury pension

         2. 2. Reduction of award in case of default

         3. 3. Withdrawal of pension during service as regular firefighter

         4. 4. Withdrawal of pension on conviction of certain offences

         5. 5. Forfeiture of award

      10. PART 10 PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

          1. 1. Payment of awards

          2. 2. Prevention of duplication

          3. 3. Prevention of duplication: other injury awards for persons who are both regular and retained firefighters

          4. 4. Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters

   2. SCHEDULE 1

      INJURY AWARDS AND DUTY-RELATED COMPENSATION

      1. PART 1 CALCULATION OF AWARDS FOR FULL-TIME SERVICE

         1. 1. (1) Subject to Part 2 of this Schedule, the amounts...

         2. 2. (1) The amount of a person’s injury pension under rule...

         3. 3. (1) In respect of any week for which the person...

         4. 4. No payment shall be made in respect of an injury...

      2. PART 2 CALCULATION OF AWARDS FOR PART-TIME SERVICE

         1. 1. (1) Where some or all of a person’s service, by...

         2. 2. (1) The amount of the gratuity or pension is— (A...

   3. SCHEDULE 2

      AWARDS FOR SPOUSES AND CIVIL PARTNERS

      1. PART 1 SPECIAL PENSION

         1. 1. Subject to paragraph 2, the weekly amount of a special...

         2. 2. (1) Where some or all of the deceased’s service, which...

      2. PART 2 AWARD FOR SURVIVING SPOUSE OR CIVIL PARTNER OF POST-RETIREMENT MARRIAGE OR CIVIL PARTNERSHIP

         1. 1. (1) Where the surviving spouse would otherwise have been entitled...

         2. 2. The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion...

   4. SCHEDULE 3

      AWARDS ON DEATH: CHILDREN

      1. PART 1 CHILD’S SPECIAL ALLOWANCE

         1. 1. Subject to paragraph 4, the amount of a child’s special...

         2. 2. Where one of the child’s parents is alive—

         3. 3. In respect of any period during which neither of the...

         4. 4. (1) Where some or all of the deceased’s service, which...

      2. PART 2 REDUCTION IN CHILD’S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

         1. 1. (1) This Part applies where a child entitled to an...

         2. 2. (1) Where this Part applies— (a) if the amount by...

         3. 3. (1) The specified rate is the annual rate (rounded up...

   5. SCHEDULE 4

      AWARDS ON DEATH: ADDITIONAL PROVISION

      1. PART 1 ADULT DEPENDENT RELATIVE’S SPECIAL PENSION

         1. 1. Subject to paragraphs 2 and 3, the amount of the...

         2. 2. (1) For any week for which the total of—

         3. 3. (1) Where some or all of the deceased’s service, which...

      2. PART 2 LUMP SUM IN LIEU OF CHILD’S ALLOWANCE

         1. 1. The amount of the lump sum is such amount, not...

         2. 2. The permitted amount is the capitalised value of the amount...

   6. SCHEDULE 5

      APPEALS

      1. 1. (1) Subject to sub-paragraph (2), written notice of appeal against...

      2. 2. (1) On receiving a notice of appeal the Board shall...

      3. 3. The independent medical referee shall secure that the appellant and...

      4. 4. Subject to sub-paragraph (4), the independent medical referee —

      5. 5. (1) Where either party to the appeal intends to submit...

      6. 6. The independent medical referee shall supply the Department with a...

      7. 7. (1) There shall be paid to the independent medical referee...

      8. 8. (1) Subject to paragraph 5(3) and sub-paragraphs (2) to (5)...

      9. 9. Any notice, information or document which an appellant is entitled...

   7. SCHEDULE 6

      SERVICEMEN: INCREASED AWARDS

      1. 1. The total of— (a) the amount of a pension as...

      2. 2. The total of— (a) the amount of a pension as...

      3. 3. The total of— (a) the amount of a child’s allowance...

   8. SCHEDULE 7

      CORRESPONDING PROVISIONS OF THE PENSION SCHEME AND THE COMPENSATION SCHEME

8. Explanatory Note