The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

PART 4 N.I. AWARDS ON DEATH: CHIDREN

Child’s special allowance N.I.

1.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule 3, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with paragraph 1 of Schedule 3.

Commencement Information

I1 Annex Scheme Pt. 4 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Child’s special gratuity N.I.

2.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse or civil partner entitled to a gratuity under rule 1 of Part 3, and one of the conditions in rule 2(2) of that Part is satisfied.

(2) Subject to rule 3, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule 2(5) of Part 3 (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Commencement Information

I2 Annex Scheme Pt. 4 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Child’s special allowance or gratuity: limitations N.I.

3.—(1) No allowance or gratuity under this Part shall be paid—

(a) in respect of a child born on or after the relevant date who is not a child of a marriage that took place, or of a civil partnership that was formed, before that date; or

(b) by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place, or of a civil partner whose civil partnership with the deceased was formed, on or after the relevant date; or

(c) by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date; or

(d) by reason of his being an adopted child, in respect of a child adopted on or after the relevant date; or

(e) except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

(2) No allowance under this Part shall be paid in respect of a person who—

(a) has attained the age of 16 but has not attained the age of 17; and

(b) is in full-time employment,

unless the employment constitutes full-time vocational training.

(3) No allowance under this Part shall be paid in respect of a person who has attained the age of 17 unless—

(a) he is permanently disabled and one of the conditions in paragraph (4) is satisfied; or

(b) he is undergoing full-time education or full-time vocational training and either he has not attained the age of 19 or the condition in paragraph (5) is satisfied.

(4) The conditions mentioned in paragraph (3)(a) are—

(a) that he was both permanently disabled and substantially dependent on the deceased at the time of the death; or

(b) that he became permanently disabled while in receipt of an allowance under this Part; or

(c) that the Board, having regard to all the circumstances, determines to pay an allowance to him.

(5) The condition mentioned in paragraph (3)(b) is that he was undergoing full-time education or full-time vocational training immediately before his 19th birthday and either—

(a) he has since continued to do so without any period of interruption; or

(b) the Board, having regard to all the circumstances, determines to pay an allowance to him notwithstanding any period of interruption.

(6) Part 2 of Schedule 3 has effect for the reduction, in certain circumstances, of allowances under this Part.

(7) No special gratuity under rule 2 shall be paid in respect of a person who attained the age of 17 before the date of the death unless at that date he was—

(a) undergoing full-time education or full-time vocational training; or

(b) both permanently disabled and substantially dependent on the deceased.

Commencement Information

I3 Annex Scheme Pt. 4 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)