The Firemen’s Pension Scheme Order (Northern Ireland) 2006

Articles 38(2) and 52(1)

PART I CHILD'S ORDINARY ALLOWANCE

1.—(1) Subject to paragraphs 2 and 3, the amount of an ordinary allowance is the appropriate percentage of the base pension described in sub-paragraph (4).

(2) Where one of the child’s parents is alive—

(a) if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 18.75; and

(b) if 3 or more ordinary allowances are payable, the appropriate percentage is 37.5 divided by the number of allowances.

(3) In respect of any period during which neither of the child’s parents is alive—

(a) if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 25; and

(b) if 3 or more ordinary allowances are payable, the appropriate percentage is 50 divided by the number of allowances.

(4) The base pension mentioned in sub-paragraph (1) is—

(a) where article 38(1)(a) applies, the ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died;

(b) where article 38(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving;

(c) where article 38(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it; and

(d) where article 38(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in article 21(9) (commutation), article 23(11) (allocation) and Parts VIII and IX of Schedule 2 (reduction of pension at state pensionable age and related to up-rating of widow’s pensions) but taking into account of Part IV of Schedule 2 (calculation of awards for part-time service).

2.—(1) Where—

(a) the deceased died while entitled to a pension other than a deferred pension; and

(b) a surviving spouse’s or civil partner’s ordinary pension is payable; and

(c) in respect of any week the survivor’s benefit rate would otherwise exceed the final pension rate,

any children’s ordinary allowances calculated in accordance with paragraph 1 shall be reduced by the factor necessary to secure that the survivors' benefit rate equals the final pension rate.

(2) The survivors' benefit rate is the aggregate of the rates of the spouse’s or civil partner’s ordinary pension and the children’s ordinary allowances calculated in accordance with paragraph 1, and the final pension rate is the rate at which the deceased’s pension was last payable, disregarding any reduction in it except a reduction under article 21(9) (commutation), article 23(11) (allocation) or paragraph 2 of Part VI of Schedule 2 (reduction in injury award).

3.  For any period in respect of which a person to whom a child’s ordinary allowance which would otherwise fall to be calculated in accordance with paragraph 1 is paid so elects, the amount of the allowance shall be calculated in accordance not with paragraph 1 but with article 52 (flat-rate award).