Office of Public Sector Information
Part 7
1. The total of—
(a) the amount of a pension as increased under rule 2(3)(b) of Part 7; and
(a) the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,
must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule 1 of Part 2 had applied.
2. The total of—
(a) the amount of a pension as increased under rule 3(2)(b) of Part 7; and
(b) the amount of any service pension payable to the spouse or civil partner in respect of the serviceman,
must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.
3. The total of—
(a) the amount of a child’s allowance as increased under rule 3(2)(b) of Part 7; and
(b) the amount of any service pension payable to or for the child in respect of the serviceman,
must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.
Article 2(2)
(1) Corresponding provision of Pension Scheme |
(2) Provision of Compensation Scheme |
|---|---|
| Article 7 (qualifying injury) | In Part 1, rule 7 |
| Article 9 (death or infirmity resulting from injury) | In Part 1, rule 9 |
| Article 18 (injury award) | In Part 2, rule 1 |
| Article 29 (spouse’s or civil partner’s special award) | In Part 3, rule 1 |
| Article 30 (spouse’s or civil partner’s augmented award) | In Part 3, rule 2 |
| Article 39 (child’s special allowance) | In Part 4, rule 1 |
| Article 40 (child’s special gratuity) | In Part 4, rule 2 |
| Article 45 (adult dependent relative’s special pension) | In Part 5, rule 1 |
| Article 81 (servicemen who resume service as regular firefighters) | In Part 7, rule 4 |
| Article 91 (whole-time member of brigade who is not a regular firefighter) | In Part 8, rule 1 |
| Article 92 (retained or volunteer member of brigade) | In Part 8, rule 2 |
| Article 93 (members of brigade other than regular firefighters – supplementary) | In Part 8, rule 3 |
| Article 95 (reassessment of injury pension) | In Part 9, rule 2 |
| In Schedule 1, Part I, the entry relating to “qualifying injury” | In Part 1, rule 2(1) |
| In Schedule 2, Part VI (injury awards) | Schedule 1 |
| In Schedule 3, Part II (spouse’s or civil partner’s special pension) | Schedule 2 |
| In Schedule 4, Part II (child’s special allowance) | Schedule 3 |
| Schedule 5 (adult dependent relative’s special pension) | Schedule 4 |
| Schedule 10 (servicemen – increased awards) | Schedule 6 |
(This note is not part of the Order)
This Order provides for a new compensation scheme for firefighters in Northern Ireland. The new scheme is set out in Schedule 1 to the Order and, subject to provisions relating to rule 3 of Part 2, which has effect from 1st April 2000, has effect from 1st April 2006. The power to give retrospective effect to provisions is conferred by Article 10(4) of the Fire Services (Northern Ireland) Order 1984, as continued by Article 60 of the Fire and Rescue Services (Northern Ireland) Order 2006.
The new scheme consists primarily of provisions relating to ill-health and injury awards in respect of firefighters, their spouses, civil partners, children and other dependants, that are similar to those contained in, but to be removed from, the Pension Scheme.
The new scheme also includes (in rule 3 of Part 2) provisions based on those that previously formed part of the conditions of service applicable to firefighters. The provisions relate to the payment of compensation in respect of firefighters who die or sustain seriously disabling injuries while on duty.
The broad effect of rule 3 of Part 2 is that, where the firefighter dies while on duty, compensation of a lump sum, equivalent to five years’ pensionable pay after four years’ service, at the rate applying at the date of the incident, is payable to his or her dependants. If there are no dependants, a flat-rate payment of £950 is made to the deceased’s estate. Those amounts are subject to abatement depending on the amount of any damages or compensation received by the firefighter or his or her dependants, and any gratuities paid.
Article 3 of the Order enables a person whose position under the new scheme would be less favourable than that under the Pension Scheme to elect to retain benefits under that Scheme. Notice of election has to be given to the Board before 16th April 2007.
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.
The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007