# The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007, Paragraph 5: Increase of pensions and allowances during first 13 weeks

Extent: N.I.

(1) Paragraphs (2) to (4) apply to a surviving spouse’s or civil partner’s special pension (“the survivor’s pension”) where the deceased died—
(a) while serving as a regular or retained firefighter; or
(b) while in receipt of a pension.
(2) For each or the first 13 weeks for which it is payable the survivor’s pension shall if necessary be increased so that the total of—
(a) the survivor’s pension; and
(b) any children’s allowances payable under this Scheme or the Firefighters’ Pension Scheme, and
(c) any children’s pensions payable under the New Firefighters’ Pension Scheme, and
(d) any eligible child’s pension under the 2015 Regulations,
is not less than the appropriate amount.
(3) The appropriate amount is—
(a) where paragraph (1)(a) applies, the deceased’s pensionable pay for a week; and
(b) where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pension (Increase) Act (Northern Ireland) 1971,
immediately before the death.
(4) For the purposes of paragraph (3)(b)—
(a) any reduction in the deceased’s pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VII of Schedule 2 to the Firefighters’ Pension Scheme (reduction of pension related to up-rating of widow’s pension) shall be disregarded; and
(b) where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.
(5) Paragraphs (6) and (7) apply to a child’s special allowance under this Scheme , a child’s ordinary or accrued allowance under the Firefighters’ Pension Scheme or a child’s pension under the New Firefighters’ Pension Scheme or an eligible child’s pension under the 2015 Regulations where the deceased died as mentioned in paragraph (1) and—
(a) there is no surviving spouse or civil partner; or
(b) a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.
(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall if necessary be increased—
(a) so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4); or
(b) where two or more allowances are payable, so that the amount paid in respect of each of them is not less than the appropriate amount divided by the number of allowances.
(7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme or the 2015 Scheme is payable to a surviving spouse or civil partner.

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Source: https://www.legislation.gov.uk/nisr/2007/143/schedule/ANNEX/part/5/paragraph/5 (the official version)
Page: https://openlegislation.uk/firefighters-compensation-scheme-order-northern-ireland-2007/schedule-ANNEX/part-5/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.