Paragraph 70 Awards on death of servicemenI1

Northern Ireland

(1)

This article applies in the case of a serviceman who—

(a)

dies during his forces period; or

(b)

was permanently disabled at the end of his forces period, has not since been a regular firefighter and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2)

Subject to paragraphs (4) and (5), where this article applies—

(a)

article 25 (spouse’s or civil partner’s ordinary pension) has effect as if the serviceman had died in the circumstances mentioned in article 25(1)(b) to (d); and

(b)

if the serviceman died during his forces period and no pension is payable under article 25, article 29 (spouse’s or civil partner’s award where no other award payable) has effect as if he had died in the circumstances mentioned in article 29(1).

(3)

Subject to paragraph (4) where this article applies article 33 (Child’s ordinary allowance) has effect as if the serviceman had died in the circumstances mentioned in article 33(1).

(4)

If the serviceman dies from the effects of an injury received during his forces period the Board may—

(a)

pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b), a pension of the appropriate amount; and

(b)

subject to paragraph (6), increase any such pension and any pension or child’s allowance payable under article 25 or 33.

(5)

The appropriate amount mentioned in paragraph (4)(a) is £379.78 increased as described in article 44(8) (flat-rate awards).

(6)

Schedule 6 to the Compensation Scheme has effect for limiting increases under paragraph (4)(b).

Annotations

Commencement

I1: ANNEX Scheme Pt. I art. 70 in operation at 1.4.2006 with effect in accordance with art. 1(2)(f), seeart. 1(2)