The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for a new compensation scheme for firefighters in Northern Ireland. The new scheme is set out in Schedule 1 to the Order and, subject to provisions relating to rule 3 of Part 2, which has effect from 1st April 2000, has effect from 1st April 2006. The power to give retrospective effect to provisions is conferred by Article 10(4) of the Fire Services (Northern Ireland) Order 1984, as continued by Article 60 of the Fire and Rescue Services (Northern Ireland) Order 2006.

The new scheme consists primarily of provisions relating to ill-health and injury awards in respect of firefighters, their spouses, civil partners, children and other dependants, that are similar to those contained in, but to be removed from, the Pension Scheme.

The new scheme also includes (in rule 3 of Part 2) provisions based on those that previously formed part of the conditions of service applicable to firefighters. The provisions relate to the payment of compensation in respect of firefighters who die or sustain seriously disabling injuries while on duty.

The broad effect of rule 3 of Part 2 is that, where the firefighter dies while on duty, compensation of a lump sum, equivalent to five years’ pensionable pay after four years’ service, at the rate applying at the date of the incident, is payable to his or her dependants. If there are no dependants, a flat-rate payment of £950 is made to the deceased’s estate. Those amounts are subject to abatement depending on the amount of any damages or compensation received by the firefighter or his or her dependants, and any gratuities paid.

Article 3 of the Order enables a person whose position under the new scheme would be less favourable than that under the Pension Scheme to elect to retain benefits under that Scheme. Notice of election has to be given to the Board before 16th April 2007.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.