The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

PART 7 N.I. SERVICEMEN

Interpretation of Part 7 N.I.

1.—(1) A serviceman is a person who, immediately before undertaking relevant service in the armed forces, was a regular firefighter.

(2) For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the armed forces are references to—

(a) service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(1) (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule; and

(b) service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Commencement Information

I1 Annex Scheme Pt. 7 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Awards to servicemen N.I.

2.—(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), article 15 of the Pension Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under article 11 of the Pension Scheme (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the Board may—

(a) pay him, instead of an ill-health gratuity under article 15(2)(b) of the Pension Scheme, a pension at the rate of 1/12th of his average pensionable pay; and

(b) subject to paragraph (4), increase any such pension.

(4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

Commencement Information

I2 Annex Scheme Pt. 7 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Awards on death of servicemen N.I.

3.—(1) This rule applies in the case of a serviceman who—

(a) dies during his forces period; or

(b) was permanently disabled at the end of his forces period, has not since been a regular firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the Board may—

(a) pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b) of the Pension Scheme, a pension of the appropriate amount; and

(b) subject to paragraph (4), increase any such pension and any pension or child’s allowance payable under article 25 or 33 or the Pension Scheme.

(3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in article 44(7) and (8) of the Pension Scheme (flat-rate awards).

(4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).

Commencement Information

I3 Annex Scheme Pt. 7 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

Servicemen who resume service as regular firefighters N.I.

4.—(1) Paragraphs (3) and (4) of rule 2 or, as the case may be, paragraphs (2) to (4) of rule 3 shall apply in relation to a serviceman who, having sustained an injury during his forces period and resumed service as a regular firefighter—

(a) is permanently disabled; or

(b) dies, whether or not while serving as a regular firefighter,

as they apply in relation to servicemen to whom rule 2 or, as the case may be, rule 3 applies.

Commencement Information

I4 Annex Scheme Pt. 7 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)

(1)

1951 c.23.