{
  "url": "https://openlegislation.uk/firefighters-compensation-scheme-order-northern-ireland-2007/schedule-ANNEX/part-3/paragraph-4",
  "json_url": "https://openlegislation.uk/firefighters-compensation-scheme-order-northern-ireland-2007/schedule-ANNEX/part-3/paragraph-4.json",
  "legislation": "nisr/2007/143",
  "legislation_title": "The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-compensation-scheme-order-northern-ireland-2007",
  "path": "schedule/ANNEX/part/3/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Limitation where spouse or civil partner is living apart",
  "text": "(1) Subject to paragraph (1A), a surviving spouse or surviving civil partner who at the time of the death was living apart from the deceased is not entitled to any award under rule 1 or 2.\n(1A) Paragraph (1) does not apply to a person—\n(a) who is a member of the New Firefighters’ Pension Scheme;\n(b) who first takes up employment with the Board on or after 6th April 2006 and is entitled to be a member of the New Firefighters’ Pension Scheme, but elects not to pay pension contributions;\n(c) who is a member of the 2015 Scheme; or\n(d) who is eligible to be an active member of the 2015 Scheme and—\n(i) exercises an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations; or\n(ii) does not exercise an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations.\n(2) Except where paragraph (3) applies, a surviving spouse or surviving civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated in accordance with Part IV of Schedule 3 to the Firefighters’ Pension Scheme.\n(3) Where—\n(a) the surviving spouse or surviving civil partner would, but for paragraph (1), be entitled to an award under rule 1 or 2; and\n(b) at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,\nthe surviving spouse or surviving civil partner is entitled to a pension of the appropriate amount.\n(4) Relevant contributions are contributions paid or payable—\n(a) for the support of the spouse or civil partner; or\n(b) to the spouse or civil partner for the support of a child of the spouse or civil partner,\nthe amount of which exceeds that of the pension that would otherwise be payable under paragraph (2).\n(5) The appropriate amount is the lesser of—\n(a) the amount of a pension calculated in accordance with rule 1 or 2; and\n(b) the amount of the relevant contributions.\n(6) The Board may determine that, for such period as it thinks fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as it thinks fit.\n(7) Where, but for paragraph (1), the surviving spouse or surviving civil partner would be entitled to a gratuity, the Board may decide that the gratuity be paid in whole or part, as it thinks fit.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Annex Scheme Pt. 3 rule 4(1) 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. 3(b)(i) (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Annex Scheme Pt. 3 rule 4(1) substituted (5.7.2024 with effect from 5.12.2005) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(d)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Annex Scheme Pt. 3 rule 4(1A) 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. 3(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Annex Scheme Pt. 3 rule 4(2) substituted (5.7.2024 with effect from 5.12.2005) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(d)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Annex Scheme Pt. 3 rule 4(3) substituted (5.7.2024 with effect from 5.12.2005) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(d)(iii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Annex Scheme Pt. 3 rule 4(7) substituted (5.7.2024 with effect from 5.12.2005) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(d)(iv)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Annex Scheme Pt. 3 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/143/schedule/ANNEX/part/3/paragraph/4",
    "retrieved_at": "2026-10-29T01:41:58.377332+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}