Paragraph 86 Prevention of duplicationI1

Northern Ireland

(1)

This article applies where a person is entitled in respect of any particular period to two or more pensions or allowances under this Scheme or the Compensation Scheme.

(2)

A pension payable—

(a)

under article 20 to the beneficiary of an allocation;

(b)

under article 78 (guaranteed minimum pensions);

(c)

under article 74 (pension credit member’s entitlement to pension)

is not a pension for the purposes of this article.

(3)

Subject to paragraph (4), where this article applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

(4)

For the purposes of this article, where a person is entitled—

(a)

under the Compensation Scheme to an injury pension and also under article 13, 14, 15 or 16 to an ordinary, short service, ill-health or deferred pension; or

(b)

to a pension in respect of service as a member of the fire and rescue service and also to a pension as the surviving spouse or civil partner of such a member; or

(c)

to pensions as the surviving child of both parents who served as members of the fire and rescue service,

those pensions shall be treated as one.

Annotations

Commencement

I1: ANNEX Scheme Pt. M art. 86 in operation at 1.4.2006, see art. 1(2)