The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

CHAPTER 1

Determinations by the scheme manager

160.  The scheme manager must determine in the first instance whether a person is entitled to an award or to retain an award.

Determinations by the Pension Board

161.—(1) Where the scheme manager is unable to make a determination under regulation 160, the question of that person’s entitlement shall be determined by the Pension Board.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a) whether a person has been disabled;

(b) whether any disablement is likely to be permanent;

(c) whether the person would be able to undertake regular employment;

(d) whether a person is capable of performing the duties of a regular firefighter; or

(e) any other issue wholly or partly of a medical nature,

the Pension Board shall obtain the written opinion of an independent qualified medical practitioner selected by it and the opinion of that practitioner shall be binding on it.

(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by it the Pension Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a) on such other medical evidence as it thinks fit; or

(b) without medical evidence,

give such decision on the issue as it may choose to give.

Appeal against opinion on a medical issue

162.—(1) Where—

(a) an opinion of the kind mentioned in regulation 161(2) has been obtained; and

(b) within 14 days of his being notified of the Pension Board’s decision on the issue the person concerned applies to it for a copy of the opinion,

the Pension Board shall supply him with a copy, together with a statement informing the person concerned that, if he wishes to appeal against the opinion, he must give the Pension Board written notice of his grounds of appeal, together with his name and address, within 14 days beginning with the date on which he is so supplied.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the Pension Board in accordance with regulation 164(1) and (2).

(3) The Pension Board shall be bound by any decision on a medical issue duly given on an appeal under this regulation. A decision given under this regulation overrules that of the qualified medical practitioner selected by the Pension Board under regulation 161.

(4) In this regulation, “medical issue” means any issue referred to in regulation 161(2).

(5) Further provisions as to appeals under this regulation are contained in regulation 164.

Appeals against decision of the Pension Board

163.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Pension Board—

(a) does not admit the claim at all; or

(b) does not admit the claim to its full extent,

the Pension Board shall reconsider the case if he applies to it to do so.

(2) If a person is dissatisfied with any determination given by the Pension Board on reconsidering the case he may, within 2 months of being informed by the Pension Board of the decision, appeal to the Department against the decision of the Pension Board.

(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.

(4) After considering in accordance with the foregoing provisions of this regulation all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.

(5) Nothing in this paragraph shall authorise the Department to:-

(a) control or restrict the exercise of any discretion which is by this Scheme vested in the Pension Board other than the discretion so vested by the following;

(i) Subject to sub-paragraph (iv), in the circumstances specified in sub-paragraph (ii), the Pension Board may withdraw a pension in whole or in part, and permanently or temporarily as it may specify.

(ii) The circumstances are—

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

(bb) that the pensioner has been convicted of an offence committed in connection with his service as a member of the fire and rescue service which is certified by a Minister of the Crown 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.

(iii) The offences mentioned in sub-paragraph (ii)(aa) are—

(aa) an offence of treason; and

(bb) one or more offences under the Official Secrets Act 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.

(iv) In determining whether the withdrawal of a pension should—

(aa) be permanent or temporary; and

(bb) affect the pension in whole or in part,

the Pension Board may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.

(v) The Pension Board may, to such extent as it thinks fit—

(aa) apply for the benefit of any dependant of the pensioner’s; or

(bb) restore to the pensioner’

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

(b) reopen any medical issue decided on appeal under regulation 162; or

(c) question any certificate as to pensionable service which has become conclusive and states that if he does not appeal, the certificate as supplied, and if he does appeal, the certificate as confirmed or varied, is conclusive as to the pensionable service he was entitled to reckon on the material date.

(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.

(1)

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