SCHEDULE 1 continued PART 6
1.—(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire and rescue authority.
(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—
(a) whether any disablement has been occasioned by a qualifying injury,
(b) the degree to which a person is disabled, or
(c) any other issue wholly or partly of a medical nature,
the authority shall obtain the written opinion of an independent qualified medical practitioner selected by them; and the opinion of the independent qualified medical practitioner shall be binding on the authority.
(3) In his written opinion, the independent qualified medical practitioner must certify that—
(a) he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and
(b) he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.
(4) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—
(a) on such other medical evidence as they think fit, or
(b) without medical evidence,
give a decision on the issue.
2.—(1) Where—
(a) an opinion of the kind mentioned in rule 1(2) has been obtained, and
(b) within 14 days of his being notified of the fire and rescue authority’s decision on the issue the person concerned applies to them for a copy of the opinion,
the authority shall supply him with a copy.
(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 fire and rescue authority in accordance with paragraph 1 of Schedule 5.
(3) A fire and rescue authority shall be bound by any decision on any issue referred to in subparagraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.
(4) Further provisions as to appeals under this rule are contained in Schedule 5.
3.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the fire and rescue authority —
(a) do not admit the claim at all, or
(b) do not admit the claim to its full extent,
the authority shall reconsider the case if he applies to them to do so.
(2) If he is dissatisfied with any determination given by the fire and rescue authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to sub-paragraph (3), make such order or declaration in the matter as appears to it to be just.
(3) Nothing in paragraph (2) shall be taken to authorise the Crown Court—
(a) to make an order or declaration controlling the exercise of any discretion vested in the fire and rescue authority by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences),
(b) to reopen any medical issue decided on an appeal under rule 2, or
(c) to question any certificate as to pensionable service which has become conclusive under rule F1(5) of the 1992 Scheme (reckoning of and certificates as to pensionable service).
1.—(1) This Part applies to a person who —
(a) immediately before undertaking relevant service in the armed forces, was employed by a fire and rescue authority as a regular firefighter, and
(b) ceased to be so employed at any time before 6 April 2006,
and in this Part such a person is referred to as a serviceman.
(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(18) (“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.
2.—(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.
(2) Subject to paragraph (3), rule B3 of the 1992 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 rule A15 of the 1992 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 fire and rescue authority may—
(a) pay him, instead of an ill-health gratuity under rule B3(2)(b) of the 1992 Scheme, a pension at the rate of 1/12th of his average pensionable pay, and
(b) subject to paragraph (4), increase any such pension or any ill-health pension payable under the 1992 Scheme or the 2007 Scheme.
(4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).
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 fire and rescue authority may—
(a) pay the surviving spouse or civil partner, instead of a gratuity under rule C7(2)(b) of the 1992 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 rule C1 or D1 of the 1992 Scheme.
(3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in rule E9(7) and (8) of the 1992 Scheme (flat-rate awards).
(4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).
4. 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.
1951 c. 65. Back [18]