The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

PART 9 N.I. REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of injury pension N.I.

1.—(1) Where a person is in receipt of an injury pension, the Board shall consider, at such intervals as it thinks fit, whether the degree of his disablement has substantially altered; if it finds that it has, the pension shall be reassessed accordingly.

(2) Where the Board, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall be terminated with immediate effect.

(3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the Board so resolves.

Commencement Information

I1 Annex Scheme Pt. 9 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Reduction of award in case of default N.I.

2.—(1) Subject to paragraph (2), where a person —

(a) is permanently disabled; and

(b) has brought about or contributed to his infirmity by his own default,

the Board may reduce any injury award payable to him by them to not less than half its full amount.

(2) Where—

(a) a pension has been reduced under paragraph (1); and

(b) when the person attains the age of 60, the amount of the reduced pension is less than that of the notional deferred pension,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable under article 16 of the Pension Scheme if the person had become entitled to one on the date of his ceasing to serve.

Commencement Information

I2 Annex Scheme Pt. 9 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Withdrawal of pension during service as regular firefighter N.I.

3.  The Board may withdraw the whole or any part of the pension, except a pension under Part 3 (awards on death: spouses and civil partners), for any period during which the person entitled to it is employed as a regular firefighter by any fire and rescue authority within the United Kingdom.

Commencement Information

I3 Annex Scheme Pt. 9 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Withdrawal of pension on conviction of certain offences N.I.

4.—(1) In the circumstances specified in paragraph (2) the Board may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

(2) The circumstances are—

(a) that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part 3, that the offence was committed after the death on which the pensioner became entitled to it; or

(b) that the pensioner has been convicted of an offence committed in connection with his service which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a) an offence of treason; and

(b) one or more offences under the Official Secrets Acts 1911 to 1989(1) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) The Board may, to such extent as they at any time think fit—

(a) apply for the benefit of any dependant of the pensioner; or

(b) restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

Commencement Information

I4 Annex Scheme Pt. 9 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Forfeiture of award N.I.

5.  A person who has been convicted of an offence under paragraph (2) of Article 41 of the Fire and Rescue Services (Northern Ireland) Order 2006 (offences), forfeits the whole or part of an award or sum obtained by him under this Scheme, as the Board thinks fit.

Commencement Information

I5 Annex Scheme Pt. 9 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

(1)

1911 c.28, 1920 c.75, 1939 c.121, 1989 c.6.