Paragraph 3 I1

Northern Ireland

(1)

In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

(2)

The additional benefits are—

(a)

so much of any disablement pension under section 103 of the Social Security Contribution and Benefits (Northern Ireland) Act 1992^f1 (“the 1992 Act”) as relates to the qualifying injury, together with any relevant increase;

(b)

so much of any reduced earnings allowance under paragraph 11 of Schedule 7 to the 1992 Act as relates to the qualifying injury; and

(c)

until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3)

The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 31 or 33 of the 1992 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 68 of the 1992 Act, and the benefits are—

(a)

any sickness benefit under section 31 of the 1992 Act; and

(b)

any invalidity pension under section 33 of the 1992 Act, including any additional component comprised in it in pursuance of section 55 of and Schedule 5 to the 1992 Act; and

(c)

any severe disablement allowance under section 68 of the 1992 Act.

(4)

In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a)

by way of unemployability supplement under paragraph 2 of Schedule 7 to the 1992 Act, excluding any increase under paragraph 3 of Schedule 7 in the supplement; or

(b)

under paragraph 4 or 6 of Schedule 7 to the 1992 Act (dependants),

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under paragraph 10 of Schedule 7 to the 1992 Act (hospital treatment).

(5)

In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of sections 80 to 93 of the 1992 Act (dependants) is a relevant increase.

(6)

Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed.

(7)

Where a person has become entitled to a disablement gratuity under section 103 of the 1992 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 103 of the 1992 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

Annotations

Commencement

I1: Sch. 1 Pt. 1 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Footnotes

f1: 1992 c 7.