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 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 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 Board shall obtain the written opinion of a 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 qualified medical practitioner 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.
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 Board’s decision on the issue the person concerned applies to the Board for a copy of the opinion,
the Board 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 Board in accordance with paragraph 1 of Schedule 5.
(3) The Board shall be bound by any decision on any issue referred to in sub-paragraphs (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 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 rule 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 vested in the Board by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences);
(b) reopen any medical issue decided on appeal under rule 2; or
(c) question any certificate as to pensionable service which has become conclusive under article 45(5) of the Pension Scheme (reckoning of and certification as to pensionable service).
(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.
1.—(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 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), article 15 of the Pension 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 article 11 of the Pension 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 Board may—
(a) pay him, instead of an ill-health gratuity under article 15(2)(b) of the Pension Scheme, a pension at the rate of 1/12th of his average pensionable pay; and
(b) subject to paragraph (4), increase any such pension.
(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 Board may—
(a) pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b) of the Pension 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 article 25 or 33 or the Pension Scheme.
(3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in article 44(7) and (8) of the Pension Scheme (flat-rate awards).
(4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).
4.—(1) 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.23. Back [18]