Paragraph 4 Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefightersF1
Northern Ireland
This rule applies where—
a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and
a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and
in consequence of the person’s death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).
The descriptions mentioned in this paragraph are—
a spouse’s or civil partner’s special award under rule 1 of Part 3,
a spouse’s or civil partner’s augmented award under rule 2 of F3Part 3,
a child’s special allowance under rule 1 of Part 4, and
a child’s special gratuity under rule 2 of that Part.
The descriptions mentioned in this paragraph are—
a spouse’s or civil partner’s ordinary pension under article 25 of the Firefighters’ Pension Scheme;
a spouse’s or civil partner’s accrued pension under article 26 of that Scheme,
a spouse’s or civil partner’s requisite benefit and temporary pension under article 28 of that Scheme,
a spouse’s or civil partner’s award under article 29 of that Scheme (award where another award is payable),
a child’s ordinary allowance under article 33 of that Scheme, F4...
a child’s accrued allowance under article 34 of that Scheme F5,
a survivor’s pension under article 23 of Part 4 of the New Firefighters’ Pension Scheme,
a survivor’s bereavement pension under article 26 of Part 4 of the New Firefighters’ Pension Scheme,
a child’s pension under aticle 28 of Part 4 of the New Firefighters’ Pension Scheme,
a child’s bereavement pension under article 31 of Part 4 of the New Firefighters’ Pension Scheme,
a death grant under article 35 of Part 5 of the New Firefighters’ Pension Scheme,
a post-retirement death grant under article 36 of Part 5 of the New Firefighters’ Pension Scheme F7,
a surviving partner’s pension under regulation 86, 87 or 88 of the 2015 Regulations,
a surviving partner’s bereavement pension under regulation 89 of the 2015 Regulations,
an eligible child’s pension under regulation 94, 95 or 96 of the 2015 Regulations,
an eligible child’s bereavement pension under regulation 100 of the 2015 Regulations, and
a lump sum payable on death under regulations 104 and 105 of the 2015 Regulations.
The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.
Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way an award of a description in paragraph (2), the Board shall pay an amount equal to the amount of the difference.
Annotations
Textual amendments
- F1
Annex Scheme Pt. 10 rule 3, 4 substituted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 11(b) (with arts. 3, 4)
- F2
Annex Scheme Pt. 10 rule 4(2)(a) substituted (9.1.2025 with effect from 1.4.2006) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1)(3), 4(2)(b)(i)
- F3
Words in Annex Scheme Pt. 10 rule 4(2)(b) substituted (9.1.2025 with effect from 1.4.2006) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1)(3), 4(2)(b)(ii)
- F4
Word in Annex Scheme Pt. 10 rule 4(3)(e) omitted (18.1.2016 with effect from 1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(4)(b)(i)
- F5
Word in Annex Scheme Pt. 10 rule 4(3)(f) substituted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(4)(b)(ii)
- F6
Annex Scheme Pt. 10 rule 4(3)(g)-(l) inserted (1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 7(4) (with art. 3)
- F7
Word in Annex Scheme Pt. 10 rule 4(3)(l) substituted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(4)(b)(iii)
- F8
Annex Scheme Pt. 10 rule 4(3)(m)-(q) inserted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(4)(b)(iv)