The Firefighters' Compensation Scheme (England) Order 2006

• Citation: S.I. 2006/1811
• Sections: 86

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Firefighters' Compensation Scheme (England) Order 2006 and shall come into force on 7th August 2006; but—

(a) rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and

(b) the remainder of the Compensation Scheme shall have effect from 1st April 2006.

(2) This Order applies in relation to England only .

(3) In this Order—

“the Compensation Scheme” means the Firefighters' Compensation Scheme (England) 2006, set out in the Schedule to this Order; and

“the Pension Scheme ” means the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 .

Section 2 New compensation scheme for firefighters

(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by a fire and rescue authority) shall have effect; and the corresponding provisions of the Pension Scheme shall cease to have effect.

(2) The corresponding provisions of the Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 2 to this Order.

Section 3 General transitional provision

(1) Where—

(a) a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Pension Scheme (“the old provision”) with any modification, and

(b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,

he may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

(2) Notice under paragraph (1) must be given not later than 30th September 2006.

(3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1st April 2006, ceased to be a member of the fire and rescue service or died.

Section 4 Transitional provision: decisions and determinations made before 1st April 2006

(1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule A9 of the Pension Scheme) has been made before 1st April 2006.

(2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they existed immediately before 1st April 2006, shall continue to have effect in relation to such a person.

Section 1 Citation and commencement

(1) This Scheme may be cited as the Firefighters' Compensation Scheme (England) 2006.

(2) With the exception of rule 3 of Part 2 (compensation for death or permanent incapacity while on duty), the provisions of this Scheme have effect from 1st April 2006.

(3) Rule 3 of Part 2 has effect from 1st April 2000.

Section 1 Injury awards

(1) This rule applies to a regular firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

(2) The firefighter is entitled—

(a) to a gratuity, and

(b) subject to paragraphs (3) and (4), to an injury pension,

both calculated in accordance with Schedule 1.

(3) Payment of an injury pension is subject to paragraph 4 of Part 1 of Schedule 1.

(4) Where the firefighter retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

Section 1 Special award for spouse or civil partner

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner.

(2) Subject to rules 3 and 4, the surviving spouse or civil partner is entitled—

(a) to a special pension calculated in accordance with Part 1 of Schedule 2, and

(b) subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay and the greater of—

(a) as regards a surviving spouse—

(i) his average pensionable pay, and

(ii) two and a quarter times the amount of the pension that would have been payable under rule B3 of the Pension Scheme (ill-health award) if on the date of his death he had retired on the ground of permanent disablement;

(b) as regards a surviving civil partner—

(i) his average pensionable pay; and

(ii) two and a quarter times such amount as bears to the amount of the pension referred to in sub-paragraph (a)(ii) to which he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay.

(5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a) if it was of the same or a larger amount, no gratuity is payable under this rule, and

(b) if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

Section 1 Child’s special allowance

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule 3, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with paragraph 1 of Part 1 of Schedule 3.

Section 1 Adult dependent relative’s special pension

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a) a parent of the deceased, or

(b) a brother or sister of the deceased who had attained the age of 19 before the death, or

(c) a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the fire and rescue authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a) shall be calculated in accordance with Part 1 of Schedule 4, and

(b) is payable for such period or periods as the fire and rescue authority may, in their discretion, from time to time determine.

Section 1 Determination by fire and rescue authority

(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire and rescue authority.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a) whether any disablement has been occasioned by a qualifying injury,

(b) the degree to which a person is disabled, or

(c) any other issue wholly or partly of a medical nature,

the authority shall obtain the written opinion of an independent qualified medical practitioner selected by them; and the opinion of the independent qualified medical practitioner shall be binding on the authority.

(3) In his written opinion, the independent qualified medical practitioner must certify that—

(a) he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and

(b) he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.

(4) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—

(a) on such other medical evidence as they think fit, or

(b) without medical evidence,

give a decision on the issue.

Section 1 Interpretation of Part 7

(1) A serviceman is a person who, immediately before undertaking relevant service in the armed forces, was a regular firefighter.

(2) For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the armed forces are references to—

(a) service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (“the 1951 Act ”), other than service specified in paragraph 5(b) of that Schedule; and

(b) service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Section 1 Award for or in relation to employee who is not a regular or retained firefighter

(1) This rule applies where a person who is an employee of a fire and rescue authority but is not a regular or retained firefighter suffers an injury, without his own default—

(a) while in attendance at a fire, and

(b) in the execution of his duties as an employee of the authority.

(2) If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

(3) If the person dies from the effects of the injury, either before or after retiring from that employment, the fire and rescue authority may, subject to paragraph (4)—

(a) grant such pension and gratuity as they think fit to any surviving spouse or civil partner, and

(b) grant such allowance as they think fit to any child.

(4) The total of—

(a) any benefit under this paragraph, and

(b) any relevant additional benefit payable to the recipient,

must not exceed the appropriate amount.

(5) An additional benefit is any payment of whatever nature made—

(a) by the fire and rescue authority otherwise than under this rule, or

(b) by any other local authority, or

(c) by a Minister of the Crown,

except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975 ; and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

(6) The appropriate amount is—

(a) for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule 1 of Part 2,

(b) for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule 1 of Part 3, and

(c) for an allowance under paragraph (3)(b), that of the special allowance under rule 1 of Part 4,

which would have been payable on the required assumptions.

(7) The required assumptions are—

(a) in every case, that the person was employed in the role of firefighter,

(b) where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part 1 of Schedule 1 (reduction of injury pension on account of certain other pensions) did not apply, and

(c) where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.

Section 1 Review of injury pension

(1) Where a person is in receipt of an injury pension, the fire and rescue authority shall, at such intervals as they think fit, consider whether the degree of his disablement has substantially altered; if they find that it has, the pension shall be reassessed accordingly.

(2) Where the authority, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall cease with immediate effect.

(3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the fire and rescue authority so resolve.

Section 1 Authorities responsible for payment of awards

(1) An award payable under this Scheme to or in respect of a person by reason of his having received an injury while employed by a fire and rescue authority, but not as a regular firefighter, is payable by the authority by whom he was employed when he received the injury.

(2) Subject to paragraph (3), an award payable in respect of a qualifying injury sustained by a person who is employed as both a regular firefighter and a retained firefighter shall be paid—

(a) where the injury is sustained in the course of his regular employment, by the fire and rescue authority which employs him as a regular firefighter;

(b) where the injury is sustained in the course of his retained employment, by the fire and rescue authority which employs him as a retained firefighter;

(c) where the injury is of such a nature that it cannot be attributed solely to either his regular employment or his retained employment—

(i) by such one of his employing authorities as may be agreed; or

(ii) by both of them, in such proportion as may be agreed; or

(iii) in default of agreement, in equal proportions.

(3) An award payable to a person in respect of both a qualifying injury sustained in the course of his regular employment and a different qualifying injury sustained in the course of his retained employment, shall be paid—

(a) by such one of his employing authorities as may be agreed; or

(b) by both of them, in such proportion as may be agreed; or

(c) in default of agreement, in equal proportions.

Section 1

(1) Subject to Part 2 of this Schedule, the amounts of the injury gratuity and the injury pension shall be calculated by reference to the Table below.

(2) In the headings in the Table references to relevant service are references to service which either was, or would but for an election under rule G3 of the Pension Scheme or a failure to elect under rule G2A of that Scheme have been, reckonable as pensionable service.

Table

Section 1

Where some or all of a person’s service, by virtue of which his pensionable service is reckonable, is part-time service, his injury gratuity or pension under Part 1 shall be calculated in accordance with this Part.

Section 1

Subject to paragraph 2, the weekly amount of a special pension is 45% of the deceased’s average pensionable pay for a week.

Section 1

(1) Where the surviving spouse would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the Pension Scheme in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the Pension Scheme has effect—

(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b) as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

Section 1

Subject to paragraph 4, the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay.

Section 1

This Part applies where a child entitled to a special allowance under rule 1 of Part 4 (“the special allowance”)—

(a) is undergoing full-time vocational training, and

(b) is receiving, in respect of that training, remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

Section 1

Subject to paragraphs 2 and 3, the amount of the pension—

(a) while a surviving spouse or civil partner is alive, is 20%, and

(b) in any other case, is 45%,

of the deceased’s average pensionable pay.

Section 1

The amount of the lump sum is such amount, not exceeding the permitted amount, as may be agreed between the fire and rescue authority and—

(a) a surviving parent or the child’s guardian, or

(b) if he has neither, the child himself.

Section 1

(1) Subject to sub-paragraph (2), written notice of appeal against an opinion of the kind mentioned in rule 1(2) of Part 6 stating—

(a) the grounds of the appeal, and

(b) the appellant’s name and address,

must be given to the fire and rescue authority within 14 days of the date on which he is supplied by them with a copy of the opinion.

(2) Where—

(a) notice of appeal is not given within the period specified in sub-paragraph (1), but

(b) the fire and rescue authority are of the opinion that the person’s failure to give it within that period was not due to his own default,

they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.

Section 1

The total of—

(a) the amount of a pension as increased under rule 2(3)(b) of Part 7, and

(b) the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule 1 of Part 2 had applied.

Section 2 Interpretation

(1) In this Scheme—

“the 2004 Act ” means the Fire and Rescue Services Act 2004

“amount”, in relation to a pension or allowance, means its annual amount;

“average pensionable pay” has the same meaning as in the Pension Scheme

“award” means a pension, allowance or gratuity under this Scheme;

“child”, in relation to a person who has died, means—

a legitimate or illegitimate child, step-child or adopted child of his, and

any other child who was substantially dependent on him and either is related to him or is the child of his spouse or civil partner;

and “parent” shall be construed accordingly;

“disabled”, “disablement” and “permanent disablement” shall be construed in accordance with rule 8 of Part 1;

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 ;

“full-time vocational training” means training of at least one year’s duration for a trade, profession or calling where that training is undertaken on a full-time basis;

“independent qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State; and for the purposes of this definition “competent authority” has the same meaning as in the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 ;

“injury” includes disease;

“normal pension age”, in relation to employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in fire-fighting, means 55;

“pension”, unless otherwise stated, means a pension under this Scheme;

“Pension Scheme” means the Firemen’s Pension Scheme 1992 ;

“pensionable pay” and “pensionable service” have the same meaning as in the Pension Scheme ;

“qualifying injury” shall be construed in accordance with rule 7 of Part 1;

“regular firefighter” means a person who is employed—

by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, and

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

“retained firefighter” means a member of the fire and rescue service who is obliged to attend—

at the station to which he is attached for training, development and maintenance duties for an average of two hours each week and, promptly, at any time, in response to a call; and

at any incident or other occurrence, or at any other station for standby duties during his period of availability;

“retire” shall be construed in accordance with rule 10 of Part 1;

“state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 ;

“surviving spouse” means a widow or widower; and

“volunteer firefighter” means a member of the fire and rescue service who—

is obliged to attend at the station to which he is attached for training, development and maintenance duties for an average of two hours each week and, promptly, at any time, in response to a call; and

receives no retaining or other fee in respect of those duties.

(2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Section 2 Part-time members

Where a person is entitled to an award under this Part and some or all of his service, by virtue of which his pensionable service is reckonable, is part-time service, his award shall be calculated in accordance with Part 2 of Schedule 1.

Section 2 Augmented award for spouse or civil partner

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner, and one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a) that the injury was received in the execution of duties performed, in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, for the immediate purpose of saving the life of another person or of preventing loss of human life, or

(b) that the fire and rescue authority are of the opinion that the preceding condition may be satisfied and that this rule should apply, or

(c) that the fire and rescue authority are of the opinion that the injury was received in such circumstances that it would be inequitable if this rule were not to apply.

(3) Where this rule applies, rule 1 of this Part applies with the modifications set out in paragraphs (4) and (5) below.

(4) For the purpose of calculating the special pension, Part 1 of Schedule 2 has effect with the substitution for “45%” of “50%”.

(5) Unless they produce a more favourable result, paragraphs (3) to (5) of rule 1 do not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter employed in the role of firefighter by the London Fire and Emergency Planning Authority and entitled to reckon 30 years' service for the purposes of pay.

Section 2 Child’s special gratuity

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse or civil partner entitled to a gratuity under rule 1 of Part 3, and one of the conditions in rule 2(2) of that Part is satisfied.

(2) Subject to rule 3, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule 2(5) of Part 3 (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Section 2 Dependent relative’s gratuity

(1) This rule applies where a person dies—

(a) while serving as a regular firefighter, or

(b) while in receipt of a pension other than a deferred pension,

and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a) was substantially dependent on the deceased immediately before the death, and

(b) is not entitled to any award under this Scheme.

(3) If the fire and rescue authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

Section 2 Appeal to medical referee

(1) Where—

(a) an opinion of the kind mentioned in rule 1(2) has been obtained, and

(b) within 14 days of his being notified of the fire and rescue authority’s decision on the issue the person concerned applies to them for a copy of the opinion,

the authority shall supply him with a copy.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the fire and rescue authority in accordance with paragraph 1 of Schedule 5.

(3) A fire and rescue authority shall be bound by any decision on any issue referred to in sub-paragraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

(4) Further provisions as to appeals under this rule are contained in Schedule 5.

Section 2 Awards to servicemen

(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), rule B3 of the Pension Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under rule A15 of the Pension Scheme (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire and rescue authority may—

(a) pay him, instead of an ill-health gratuity under rule B3(2)(b) of the Pension Scheme, a pension at the rate of 1/12th of his average pensionable pay, and

(b) subject to paragraph (4), increase any such pension.

(4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

Section 2 Award for or in relation to a retained or volunteer firefighter

(1) This paragraph applies to a person—

(a) who was employed by a fire and rescue authority as a retained firefighter or volunteer firefighter, and

(b) has retired, and

(c) is permanently disabled,

if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below.

(3) Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the Pension Scheme shall apply in relation to the awards to which, by virtue of paragraph (2) above, he is entitled.

(4) A person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (ill- health awards) of the Pension Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) apply accordingly in relation to the awards to which he is thus entitled.

(5) This paragraph applies where a person who is or has been employed by a fire and rescue authority as a retained firefighter or who is or has been a volunteer firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury.

(6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.

(7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s or civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

(8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.

(9) Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 3 of Part 5 (gratuity in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.

(10) The regular firefighter mentioned in paragraph (2), (4), (6) or (8) is one who is a whole-time employee of a fire and rescue authority and—

(a) was employed in the same role as the retained or volunteer firefighter and had the same service in that role,

(b) was entitled to reckon as pensionable service a period equal to the retained or volunteer member’s service as such, and

(c) in respect of any service before 1st April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.

Section 2 Reduction of award in case of default

(1) Subject to paragraph (2), where a person —

(a) is permanently disabled, and

(b) has brought about or contributed to his infirmity by his own default,

the fire and rescue authority may reduce any injury award payable to him by them to not less than half its full amount.

(2) Where—

(a) a pension has been reduced under paragraph (1), and

(b) when the person attains the age of 60, the amount of the reduced pension is less than that of the notional deferred pension,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable under rule B5 of the Pension Scheme if the person had become entitled to one on the date of his ceasing to serve.

Section 2 Payment of awards

(1) While a pension or allowance is payable under this Scheme—

(a) it is payable in respect of each week, and

(b) the fire and rescue authority shall discharge their liability in respect of it by making payments in advance at such reasonable intervals as they may determine,

but payment may be delayed to the extent necessary for determining any question as to the liability of the authority.

(2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

(3) Where, after receiving a payment in advance in respect of a pension under Part 3, a person marries, remarries, forms a civil partnership or a subsequent civil partnership, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after the marriage took place or, as the case may be, the civil partnership was formed.

(4) Subject to paragraphs (5) and (6), pensions under Part 3 and allowances under Part 4 (“survivors' benefits”) are payable from the date of the death.

(5) Subject to paragraph (6), in the case of a posthumous child any allowance under Part 4 is payable from the date of his birth.

(6) Where the deceased—

(a) was in receipt of a pension, and

(b) died during a period in respect of which he had already received it,

no survivors' benefits are payable before the end of that period.

(7) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—

(a) payment may be delayed to the extent necessary for determining any question as to the liability of the fire and rescue authority , and

(b) if the authority are satisfied that it would be to the advantage of the person entitled, they may pay a gratuity in instalments of such reasonable amounts and over such reasonable period as they think fit.

Section 2

(1) The amount of a person’s injury pension under rule 1 of Part 2 shall be reduced by three quarters of the amount of any other pension referable to his service as a firefighter (including, if rule 4 of Part 10 applies in his case, the aggregate of the pension to which he is entitled under rule B3 of the Pension Scheme and the amount of the difference referred to in rule 4(3) of Part 10).

(2) The amount of a person’s injury pension calculated in accordance with paragraph 1 shall be reduced by three quarters of the amount of any other pension calculated by reference to pensionable service reckonable by virtue of the period of service during which he received the qualifying injury or, where an election under rule G3 of the Pension Scheme had effect or the person failed to make an election under rule G2A of that Scheme, by the amount of any other pension which would otherwise have been so calculated.

(3) For the purposes of sub-paragraphs (1) and (2), any reduction of the other pension—

(a) under rule B7 (commutation) or B9 (allocation) of the Pension Scheme,

(b) under Part VIII of Schedule 2 to that Scheme, or

(c) by virtue of a pension debit,

shall be disregarded.

Section 2

(1) The amount of the gratuity or pension is—

where—

A is the amount of that award calculated under Part 1 if the average pensionable pay was the pay the person would have received had he been a whole-time employee of a fire and rescue authority;

B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;

C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his pensionable service.

(2) Neither (B + C) nor D shall exceed 30 years.

Section 2

(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—

where—

A is the amount calculated under paragraph 1 as if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority;

B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;

C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his pensionable service.

(2) Neither (B + C) nor D shall exceed 30 years.

Section 2

The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.

Section 2

Where one of the child’s parents is alive—

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10, and

(b) if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

Section 2

(1) Where this Part applies—

(a) if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the special allowance, the allowance shall not be paid, and

(b) in any other case, the amount of the special allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraphs 2(b) and 3(b) of Part 2 of Schedule 4 to the Pension Scheme and paragraphs 2(b) and 3(b) of Part 1 of this Schedule, applies—

(a) where sub-paragraph (1)(a) above applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance, and

(b) where sub-paragraph (1)(b) above applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a) no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case, and

(b) the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

Section 2

(1) For any week for which the total of—

(a) any spouse’s or civil partner’s special pension, and

(b) any child’s special allowance,

equals or exceeds the amount of the deceased’s average pensionable pay for a week, no dependent relative’s special pension is payable.

(2) For any week for which the total of the special pension and—

(a) any surviving spouse’s or civil partner’s special pension, and

(b) any child’s special allowances,

would exceed the amount of the deceased’s average pensionable pay for a week, the dependent relative’s special pension shall be reduced so that the total does not exceed that amount.

Section 2

The permitted amount is the capitalised value of the amount commuted under rule 3 of Part 5, calculated in accordance with tables prepared from time to time by the Government Actuary.

Section 2

(1) On receiving a notice of appeal the fire and rescue authority shall supply the Secretary of State with two copies of the notice and two copies of the opinion.

(2) The Secretary of State shall refer an appeal to a board of medical referees (“the board”) and shall supply them with a copy of the notice and a copy of the opinion.

Section 2

The total of—

(a) the amount of a pension as increased under rule 3(2)(b) of Part 7, and

(b) the amount of any service pension payable to the spouse or civil partner in respect of the serviceman,

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

Section 3 Exclusive application to regular firefighters

(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than section 34 of the 2004 Act and the Social Security Act 1975 .

(2) In paragraph (1) “pension provision” means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a regular firefighter.

(3) A person who is not an employee of a fire and rescue authority but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Section 3 Compensation for death or permanent incapacity while on duty

(1) This rule applies—

(a) in relation to a firefighter whose death is caused solely by the effects of a qualifying injury sustained in the performance of his duties as a firefighter, and

(b) to a firefighter who is permanently incapacitated at the date of discharge for carrying on any occupation solely by reason of a qualifying injury sustained in the performance of his duties as a firefighter.

(2) Subject to paragraphs (4) and (6) to (8), the fire and rescue authority shall pay—

(a) to the firefighter, or

(b) if he dies within twelve months of the date on which he sustained the injury that was the cause of his death—

(i) to his dependants, for their joint benefit; or

(ii) if he has only one dependant, to that person,

the amount ascertained in accordance with paragraph (3).

(3) The amount is equal to five times the annual pensionable pay that a person who—

(a) is employed in the role of firefighter by the same fire and rescue authority; and

(b) for pay purposes, is competent,

would receive, calculated—

(i) on the assumption that the person had completed four years' service; and

(ii) using the rate of pay applicable at the date on which the injury was sustained.

(4) If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the fire and rescue authority shall, subject to paragraphs (6) to (8), pay to his executor or personal representative, for the benefit of his estate, the sum of £950.

(5) The recipient of a payment under paragraph (2) or (4)—

(a) shall notify the fire and rescue authority of the subsequent receipt by him, or where payment is made in the circumstances mentioned in paragraph (2)(b), by any dependant of the deceased, of any payment by way of compensation or damages referable to the qualifying injury (including the receipt of any such payment from the authority); and

(b) shall, unless that payment has already been abated by virtue of paragraph (7), pay to the authority such amount as may be notified to him by the authority as the amount to which the authority is entitled under paragraph (7).

(6) Where the firefighter’s serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the fire and rescue authority may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as they consider appropriate.

(7) The fire and rescue authority shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

(8) The fire and rescue authority shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or the Pension Scheme, other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

(9) For the purposes of this rule—

(a) a person is competent for pay purposes if—

(i) having been assessed, he has been found to be competent in the performance of the duties of his role; and

(ii) he is paid at the rate appropriate to competent firefighters performing the same role; and

(b) the dependants of a deceased firefighter are—

(i) any spouse or civil partner who is living with the firefighter at the date of his death;

(ii) any spouse or civil partner who is not living with the firefighter at that time but who is wholly or substantially dependent on him for financial support;

(iii) any unmarried partner (other than a civil partner) who had been living with the firefighter in a long-term relationship (his “long-term partner”);

(iv) any dependent child who at the date of the firefighter’s death—

(aa) is under 16; or

(bb) is under 19 and is undergoing full-time education or full-time vocational training;

(v) any parent of his who at the date of his death is wholly or substantially dependent on him for financial support; and

(vi) any brother, sister, daughter or son of his who at the date of his death is—

(aa) over the age of 19, and

(bb) wholly or substantially dependent on him for financial support.

(10) In paragraph (9)(b)(iii), “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of at least two years ending with the date of the firefighter’s death or such shorter period as the fire and rescue authority may in any particular case allow.

Section 3 Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership

(1) A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

(2) A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.

(3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

Section 3 Child’s special allowance or gratuity: limitations

(1) No allowance or gratuity under this Part shall be paid—

(a) in respect of a child born on or after the relevant date who is not a child of a marriage that took place, or of a civil partnership that was formed, before that date, or

(b) by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place, or of a civil partner whose civil partnership with the deceased was formed, on or after the relevant date, or

(c) by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date, or

(d) by reason of his being an adopted child, in respect of a child adopted on or after the relevant date, or

(e) except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

(2) No allowance under this Part shall be paid in respect of a person who—

(a) has attained the age of 16 but has not attained the age of 17, and

(b) is in full-time employment,

unless the employment constitutes full-time vocational training.

(3) No allowance under this Part shall be paid in respect of a person who has attained the age of 17 unless—

(a) he is permanently disabled and one of the conditions in paragraph (4) is satisfied, or

(b) he is undergoing full-time education or full-time vocational training and either he has not attained the age of 19 or the condition in paragraph (5) is satisfied.

(4) The conditions mentioned in paragraph (3)(a) are—

(a) that he was both permanently disabled and substantially dependent on the deceased at the time of the death, or

(b) that he became permanently disabled while in receipt of an allowance under this Part, or

(c) that the fire and rescue authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him.

(5) The condition mentioned in paragraph (3)(b) is that he was undergoing full-time education or full-time vocational training immediately before his 19th birthday and either—

(a) he has since continued to do so without any period of interruption, or

(b) the fire and rescue authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him notwithstanding any period of interruption.

(6) Part 2 of Schedule 3 has effect for the reduction, in certain circumstances, of allowances under this Part.

(7) No special gratuity under rule 2 shall be paid in respect of a person who attained the age of 17 before the date of the death unless at that date he was—

(a) undergoing full-time education or full-time vocational training, or

(b) both permanently disabled and substantially dependent on the deceased.

Section 3 Lump sum in lieu of surviving spouse’s or civil partner’s pension

(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act 1971, does not exceed the commutation limit specified for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule), the fire and rescue authority may commute the pension for a lump sum.

(2) Where—

(a) a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3 , and

(b) the fire and rescue authority are satisfied that there are sufficient reasons, and

(c) the surviving spouse or civil partner consents, and

(d) the deceased spouse or civil partner died before his 75th birthday,

the fire and rescue authority may commute the pension for a lump sum.

(3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.

(4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Section 3 Appeal to Crown Court

(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the fire and rescue authority —

(a) do not admit the claim at all, or

(b) do not admit the claim to its full extent,

the authority shall reconsider the case if he applies to them to do so.

(2) If he is dissatisfied with any determination given by the fire and rescue authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to sub-paragraph (3), make such order or declaration in the matter as appears to it to be just.

(3) Nothing in paragraph (2) shall be taken to authorise the Crown Court—

(a) to make an order or declaration controlling the exercise of any discretion vested in the fire and rescue authority by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences),

(b) to reopen any medical issue decided on an appeal under rule 2, or

(c) to question any certificate as to pensionable service which has become conclusive under rule F1(5) of the Pension Scheme (reckoning of and certificates as to pensionable service).