Office of Public Sector Information
65.—(1) The question whether a person is entitled to any and, if so, what awards shall be determined in the first instance by the 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 within the meaning given by article 15(7);
(d) whether a person has become incapable of performing the duties of a regular firefighter; or
(e) any other issue wholly or partly of a medical nature,
the Board shall obtain the written opinion of at least one qualified medical practitioner selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.
(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner or practitioners selected by it the 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.
66.—(1) Where—
(a) an opinion of the kind mentioned in article 65(2) has been obtained; and
(b) within 14 days of his being notified of the Board’s decision on the issue the person concerned applies to it for a copy of the opinion,
the 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 Board written notice of his grounds of appeal, together with his name and address, within 14 days of 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 Board in accordance with paragraph 1 of Schedule 8.
(3) The Board shall be bound by any decision on a medical issue duly given on an appeal under this article. A decision given under this article overrules that of the medical practitioner selected by the Board under article 65.
(4) In this article, “medical issue” means any issue referred to in article 65(2).
(5) Further provisions as to appeals under this article are contained in Schedule 8.
67.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Board—
(a) does not admit the claim at all; or
(b) does not admit the claim to its full extent,
the Board shall reconsider the case if he applies to it to do so.
(2) If he is dissatisfied with any determination given by the Board on reconsidering the case he may, within 2 months of being informed by the Board of the decision, appeal to the Department against the decision of the 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 article 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 Board other than the discretion so vested by article 84;
(b) reopen any medical issue decided on appeal under article 66; or
(c) question any certificate as to pensionable service which has become conclusive under article 45(5).
(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.
68.—(1) A serviceman is a person who immediately before undertaking relevant service in the armed forces was a regular firefighter.
(2) For the purposes of this Scheme a serviceman is to 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”).
69.—(1) This article applies to a serviceman who at the end of his forces period is permanently disabled.
(2) Subject to paragraphs (3) and (4), article 15 (ill-health award) has effect in relation to a serviceman to whom this article applies as if he had been required to retire under article 11 (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 the Board may, in its discretion—
(a) pay him, instead of an ill-health gratuity under article 15(2)(b), 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 to him under article 15(2)(a).
(4) Schedule 6 to the Compensation Scheme has effect for limiting increases under paragraph (3)(b).
70.—(1) This article 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) Subject to paragraphs (4) and (5), where this article applies—
(a) article 25 (spouse’s or civil partner’s ordinary pension) has effect as if the serviceman had died in the circumstances mentioned in article 25(1)(b) to (d); and
(b) if the serviceman died during his forces period and no pension is payable under article 25, article 29 (spouse’s or civil partner’s award where no other award payable) has effect as if he had died in the circumstances mentioned in article 29(1).
(3) Subject to paragraph (4) where this article applies article 33 (Child’s ordinary allowance) has effect as if the serviceman had died in the circumstances mentioned in article 33(1).
(4) If the serviceman dies from the effects of an injury received during his forces period the Board may—
(a) pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b), a pension of the appropriate amount; and
(b) subject to paragraph (6), increase any such pension and any pension or child’s allowance payable under article 25 or 33.
(5) The appropriate amount mentioned in paragraph (4)(a) is £379.78 increased as described in article 44(8) (flat-rate awards).
(6) Schedule 6 to the Compensation Scheme has effect for limiting increases under paragraph (4)(b).
71.—(1) Subject to paragraph (3), a serviceman who does not resume service in the fire and rescue service within one month from the end of his forces period shall be treated for the purposes of the material provisions as having left the fire and rescue service at the end of that period.
(2) The material provisions are those of articles 16 (deferred pension), 27 (limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership), 48 (previous service reckonable without payment), 49 (previous service reckonable on payment), 55(9) (no award where transfer value paid) and 56 (pensionable pay and average pensionable pay).
(3) The serviceman may apply for the consent mentioned in article 49(1)(b) (Authority’s consent to rejoining fire and rescue service) within one month from the end of his forces period.
72. For the purposes of article 46(1) a serviceman shall be treated as having continued during his forces period to serve in the fire and rescue service.
73.—(1) Subject to paragraph (2), for the purposes of article 57 a serviceman’s pensionable pay during his forces period is the pay he would have received if he had continued to serve in the fire and rescue service.
(2) A serviceman shall for those purposes be treated as having received no pensionable pay (and accordingly is not liable to pay contributions) in respect of any period during which the total of—
(a) his service pay; and
(b) any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(24),
is less than the pensionable pay described in paragraph (1).
1951 c.23 Back [24]
The Firefighters’ Pension Scheme Order (Northern Ireland) 2007