The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008.

11.  In Part 10 (payment of awards and financial provisions)—

(a) in rule 2 (prevention of duplication)—

(i) in paragraph (1) (b), for “the Pension Scheme”, substitute “the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme”;

(ii) for paragraph (2) substitute—

“(2) A pension payable—

(a) under article 20 of the Firefighters’ Pension Scheme or article 21 of the New Firefighters’ Pension Scheme to the beneficiary of an allocation,

(b) under article 74 of the Firefighters’ Pension Scheme or article 37 of the New Firefighters’ Pension Scheme (pension credit member’s entitlement to pension), or

(c) under article 78 of the Firefighters’ Pension Scheme or article 100 of the New Firefighters’ Pension Scheme (guaranteed minimum pensions),

is not a pension for the purposes of this rule.”;

(iii) in paragraph (3), for “article 86 of the Pension Scheme”, substitute “article 86 of the Firefighters’ Pension Scheme or as, the case may be, article 97 of the New Firefighters’ Pension Scheme”;

(iv) in paragraph (4), for sub-paragraph (a) substitute—

“(a) under rule 1 of Part 2 to an injury pension and also—

(i) articles 13, 14, 15 or 16 of the Firefighters’ Pension Scheme to an ordinary, short service, ill health or deferred pension, or

(ii) articles 11, 12 or 13 of the New Firefighters’ Pension Scheme to an ordinary, ill –health or deferred pension, or”; and

(b) for rules 3 and 4 substitute—

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

3.— (1) In this rule—

“article 15 award” means an ill-health award under article 15 of the Firefighters’ Pension Scheme;

“injury award” means an injury award under Part 2 of this Scheme;

“Part 8 award” means an injury award which is payable by virtue of rule 2 of Part 8 of this Scheme; and

“article 12 award” means an ill-health pension under article 12 of the New Firefighters’ Pension Scheme.

(2) This paragraph applies to a person employed as both a regular firefighter and a retained firefighter who—

(a) in respect of his retained employment, was employed before 6th April 2006, and

(b) is entitled—

(i) from the Board to an injury award, article 15 award, article 12 award, or more than one of these awards; and

(ii) a Part 8 award.

(3) The Board shall pay (in full) the article 15 award or, as the case may be, the article 12 award and, subject to paragraph (4) shall pay only the injury element of the Part 8 award.

(4) Where the amount of the article 15 award or, as the case may be, the article 12 award is less than the amount which, but for paragraph (3), would have been paid to the person as the ill-health element of the Part 8 award, the Board shall pay him an amount equal to the amount of the difference.

(5) A firefighter who is entitled to both an injury award and a Part 8 award shall receive, in respect of those awards, a single award of an amount equal to the injury award or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.

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

4.— (1) This rule applies where—

(a) a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and

(b) a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and

(c) in consequence of the person’s death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).

(2) The descriptions mentioned in this paragraph are—

(a) a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and

(b) a spouse’s or civil partner’s augmented award under rule 2 of that Part,

(c) a child’s special allowance under rule 1 of Part 4, and

(d) a child’s special gratuity under rule 2 of that Part.

(3) The descriptions mentioned in this paragraph are—

(a) a spouse’s or civil partner’s ordinary pension under article 25 of the Firefighters’ Pension Scheme;

(b) a spouse’s or civil partner’s accrued pension under article 26 of that Scheme,

(c) a spouse’s or civil partner’s requisite benefit and temporary pension under article 28 of that Scheme,

(d) a spouse’s or civil partner’s award under article 29 of that Scheme (award where another award is payable),

(e) a child’s ordinary allowance under article 33 of that Scheme, and

(f) a child’s accrued allowance under article 34 of that Scheme.

(4) The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

(5) Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way an award of a description in paragraph (2), the Board shall pay an amount equal to the amount of the difference.”.