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1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 and shall come into operation on 4th July 2008, but the amendments made by Article 2 shall have effect from 6th April 2006.
(2) In this order “the Compensation Scheme” means the Scheme set out in The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007(1).
2. The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 is amended in accordance with the Schedule.
3. Where a person to whom a protected benefit was being paid or might become payable under the Compensation Scheme is placed in a worse position than he would have been in if the Scheme had continued to have effect without the amendments made by Article 2, he may, by giving written notice to the Board, elect that the provisions of the Scheme, in the form in which they existed immediately before the coming into operation of this order, shall continue to have effect in relation to the benefit.
(1) Notice under paragraph (1) must be given not later than 4th September 2008.
(2) For the purposes of paragraph (1), a protection benefit is one paid, or capable of becoming payable, to or in respect of a person who, before the coming into operation of this Order, ceased to be employed by the Board or died.
4.—(1) The amendments made by Article 2 shall not have effect in relation to a person in respect of whom a determination or decision relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule 7 of Part 1 of the Compensation Scheme) has been made before the coming into operation of this Order.
(2) In a case to which paragraph (1) applies, the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into operation of this Order, shall continue to have effect in relation to such a person.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd June 2008
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