SCHEDULE 1 continued PART 4
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 Part 1 of Schedule 3.
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.
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) Subject to paragraphs (3) and (4), no allowance shall be paid to a person if —
(a) he is 18 or older;
(b) he has ceased full-time education and is in paid employment; or
(c) he is married or has entered into a civil partnership.
(3) A child who is aged 18 but not more than 23 is entitled to an allowance if he is in full-time education or attending a course of at least one year’s duration.
(4) A child who is aged 18 or more is entitled to an allowance if, when the scheme member dies, he is dependent on him by reason of permanent disablement.
(5) A child’s allowance ceases to be payable —
(a) unless paragraph (3) or (4) applies, on his 18th birthday or the occurrence of an event referred to in paragraph (b) or (c), whichever first occurs;
(b) where paragraph (3) applies, on his 23rd birthday or that on which his full-time education or course ceases, whichever first occurs;
(c) where paragraph (4) applies, when the authority are satisfied —
(i) that the child is no longer permanently disabled; or
(ii) that the child pension should not have been awarded.
(6) Unless paragraph (5)(c) applies, an allowance payable in the circumstances mentioned in paragraph (4) is payable for life.
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,
and there is an adult dependent relative.
(2) An adult dependent relative is—
(a) a parent of the deceased, or
(b) a brother or sister of the deceased who had attained the age of 19 before the death, or
(c) a child of the deceased who has, whether before or after the death, attained the age of 19,
who was substantially dependent on the deceased immediately before the death.
(3) If the fire and rescue authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.
(4) A special pension under this rule—
(a) shall be calculated in accordance with Part 1 of Schedule 4, and
(b) is payable for such period or periods as the fire and rescue authority may, in their discretion, from time to time determine.
2.—(1) This rule applies where a person dies—
(a) while serving as a regular firefighter, or
(b) while in receipt of a pension other than a deferred pension, and there is a dependent relative.
(2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—
(a) was substantially dependent on the deceased immediately before the death, and
(b) is not entitled to any award under this Scheme.
(3) If the fire and rescue authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.
3.—(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act 1971, does not exceed the commutation limit specified for the purposes of Part 2 of Schedule 29 to the Finance Act 2004(17) (lump sum death benefit rule) the fire and rescue authority may commute the pension for a lump sum.
(2) Where—
(a) a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3 , and
(b) the fire and rescue authority are satisfied that there are sufficient reasons, and
(c) the surviving spouse or civil partner consents, and
(d) the deceased spouse or civil partner died before his 75th birthday,
the fire and rescue authority may commute the pension for a lump sum.
(3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.
(4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.
4.—(1) Where—
(a) a child is entitled to a special allowance under rule 1 of Part 4, and
(b) the fire and rescue authority are satisfied that there are sufficient reasons, and
(c) a surviving parent or the child’s guardian, or if he has neither, the child himself, consents,
the fire and rescue authority may commute the allowance for a lump sum.
(2) A lump sum under this rule shall be calculated in accordance with Part 2 of Schedule 4.
5.—(1) Paragraphs (2) to (4) apply to an award under rule 1 of Part 3 (special award for spouse or civil partner) (“survivor’s pension”) where the deceased died—
(a) while serving as a regular firefighter, or
(b) while in receipt of a pension.
(2) For each of the first 13 weeks for which it is payable the survivor’s pension shall, if necessary, be increased so that the total of—
(a) the survivor’s pension, and
(b) any children’s allowances payable under this Scheme or the 1992 Scheme, and
(c) any children’s pensions payable under the 2007 Scheme,
is not less than the appropriate amount.
(3) The appropriate amount is—
(a) where paragraph (1)(a) applies, the deceased’s pensionable pay for a week,
(b) where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pensions (Increase) Act 1971,
immediately before the death.
(4) For the purposes of paragraph (3)(b)—
(a) any reduction in the deceased’s pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VIII of Schedule 2 to the 1992 Scheme (reduction related to uprating of widows' pensions) shall be disregarded, and
(b) where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.
(5) Paragraphs (6) and (7) apply to a child’s special allowance under this Scheme a child’s ordinary or accrued allowance under the 1992 Scheme or a child pension under the 2007 Scheme where the deceased died as mentioned in paragraph (1) and—
(a) there is no surviving spouse or civil partner, or
(b) a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.
(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall, if necessary, be increased—
(a) so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4), or
(b) where two or more allowances are payable, so that the amount paid in respect of each of them is not less than that appropriate amount divided by the number of allowances.
(7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the 1992 Scheme or the 2007 Scheme is payable to a surviving spouse or civil partner.
2004 c. 12. As to “lump sum death benefit rule”, see section 168 and Part 2 of Schedule 29 to, that Act. Back [17]