Paragraph 43 Increase of pensions and allowances during first 13 weeksI1

Northern Ireland

(1)

Paragraphs (2) to (4) apply to a surviving spouse’s or civil partner’s ordinary or accrued pension (“the survivor’s pension”) where the deceased died—

(a)

while serving as a regular firefighter; or

(b)

while in receipt of a pension.

(2)

For each of the first 13 weeks for which it is payable the survivor’s pension under the Scheme or the Compensation Scheme shall if necessary be increased so that the total of—

(a)

the survivor’s pension; and

(b)

any children’s allowances payable,

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 Pensions (Increase) Act (Northern Ireland) 1971,

immediately before the death.

(4)

For the purposes of paragraph (3)(b), any reduction in the deceased’s pension under Part VII of Schedule 2 (reduction of pension related to uprating of widow’s pensions) shall be disregarded.

(5)

Paragraphs (6) and (7) apply to a child’s ordinary or accrued allowance under this Scheme and to a child’s special allowance under the Compensation Scheme 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 that appropriate amount divided by the number of allowances.

(7)

No allowance shall be increased under paragraph (6) for any week for which a pension is payable under this Scheme or an injury pension under the Compensation Scheme to a surviving spouse or civil partner.

Annotations

Commencement

I1: ANNEX Scheme Pt. E art. 43 in operation at 1.4.2006, see art. 1(2)