The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Part 4

SCHEDULE 3 N.I. AWARDS ON DEATH: CHILDREN

PART 1 N.I. CHILD’S SPECIAL ALLOWANCE

1.  Subject to paragraph 4, the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay. N.I.

Commencement Information

I1 Sch. 3 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

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

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10; and

(b) if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

Commencement Information

I2 Sch. 3 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

3.  In respect of any period during which neither of the child’s parents is alive— N.I.

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20; and

(b) if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

Commencement Information

I3 Sch. 3 Pt. 1 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

4.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1. N.I.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraphs 1 to 3 of Part 2 of Schedule 4 if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board”.

Commencement Information

I4 Sch. 3 Pt. 1 para. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

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

1.—(1) This Part applies where a child entitled to an allowance under rule 1 of Part 4 (“the special allowance”)— N.I.

(a) is undergoing full-time vocational training; and

(b) is receiving in respect of that training remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

Commencement Information

I5 Sch. 3 Pt. 2 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

2.—(1) Where this Part applies— N.I.

(a) if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the relevant allowance, the allowance shall not be paid; and

(b) in any other case, the amount of the relevant allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraph 1(2)(b) and (3)(b) of Part 1 of this Schedule and sub-paragraphs 1(b) and 3(b) apply—

(a) where sub-paragraph (1)(a) applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance; and

(b) where sub-paragraph (1)(b) applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a) no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case; and

(b) the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

Commencement Information

I6 Sch. 3 Pt. 2 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

3.—(1) The specified rate is the annual rate (rounded up to the nearest pound) at which an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971(1) (“the 1971 Act”), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1st June 1972 and had then been payable at an annual rate of £250. N.I.

(2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 Act.

Commencement Information

I7 Sch. 3 Pt. 2 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

(1)

1971 c.56.