Paragraph 3 Compensation for death or permanent incapacity while on dutyI1

Northern Ireland

(1)

This rule applies—

(a)

in relation to a firefighter whose death is caused solely by the effects of a qualifying injury sustained in the performance of his duties as a firefighter; and

(b)

to a firefighter who is permanently incapacitated at the date of discharge for carrying on any occupation solely by reason of a qualifying injury sustained in the performance of his duties as a firefighter.

(2)

Subject to paragraphs (4) and (6) to (8), the Board shall pay—

(a)

to the firefighter; or

(b)

if he dies within twelve months of the date on which he sustained the injury that was the cause of his death—

(i)

to his dependants, for their joint benefit; or

(ii)

if he has only one dependent, to that person,

the amount ascertained in accordance with paragraph (3).

(3)

The amount is equal to five times the annual pensionable pay that a competent firefighter employed in the same role by the Board would receive calculated—

(a)

on the assumption that the firefighter had completed four years’ service; and

(b)

using the rate of pay applicable at the date on which the injury was sustained.

(4)

If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the Board shall, subject to paragraphs (6) to (8), pay to his personal representative, for the benefit of his estate, the sum of £950.

(5)

The recipient of a payment under paragraph (2) or (4)—

(a)

shall notify the Board of the subsequent receipt by him, or where payment is made in the circumstances mentioned in paragraph (2)(b), by dependant of the deceased, of any payment by way of compensation or damages referable to the qualifying injury (including the receipt of any such payment from the Board); and

(b)

shall, unless that payment has already been abated by virtue of paragraph (7), pay to the Board such amount as may be notified to him by the Board as the amount to which the Board is entitled under paragraph (7).

(6)

Where the firefighter’s serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the Board may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as it considers appropriate.

(7)

The Board shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

(8)

The Board shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or F1the Firefighters’ Pension Scheme, or any lump sum payable under the New Firefighters’ Pension Scheme F2or the 2015 Scheme, other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

(9)

For the purposes of this rule—

(a)

a firefighter is competent for pay purposes if—

(i)

having been assessed, he has been found to be competent in the performance of the duties of his role; and

(ii)

he is paid at the rate appropriate to competent firefighters performing the same role;

(b)

the dependants of a deceased firefighter are—

(i)

any spouse or civil partner who is living with the firefighter at the date of his death;

(ii)

any spouse or civil partner who is not living with the firefighter at that time but who is wholly or substantially dependent on him for financial support;

(iii)

any unmarried partner (other than a civil partner) who had been living with the firefighter in a long-term relationship (his “long-term partner”);

(iv)

any dependent child who at the date of the firefighter’s death—

(aa)

is under 16; or

(bb)

is under 19 and is undergoing full-time education or full-time vocational training;

(v)

any parent of his who at the date of his death is wholly or substantially dependent on him for financial support; and

(vi)

any brother, sister, daughter or son of his who at the date of his death is—

(aa)

over the age of 19; and

(bb)

wholly or substantially dependent on him for financial support.

(10)

In paragraph (9)(b)(iii), “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of at least two years ending with the date of the firefighter’s death or such shorter period as the Board may in any particular case allow.

Annotations

Textual amendments

F1: Words in Annex Scheme Pt. 2 rule 3(8) 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. 2(c) (with arts. 3, 4)
F2: Words in Annex Scheme Pt. 2 rule 3(8) 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. 2(2)

Commencement

I1: Annex Scheme Pt. 2 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)