The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Part 2

SCHEDULE 1 INJURY AWARDS AND DUTY-RELATED COMPENSATION

PART 1 CALCULATION OF AWARDS FOR FULL-TIME SERVICE

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 article 59 of the Pension Scheme or a failure to elect under article 62 of that Scheme have been, reckonable as pensionable service.

Table

Percentage disablement	Gratuity as percentage of average pensionable pay	Pension as percentage of average pensionable pay
		Less than 5 years’ relevant service	5 or more but less than 15 years’ relevant service	15 or more but less than 25 years’ relevant service	25 or more years’ relevant service
25 or less (slight disablement)	12.5	15	30	45	60
More than25 but not more than 50 (minor disablement)	25	40	50	60	70
More than 50 but not more than 75 (major disablement)	37.5	65	70	75	80
More than 75 (severe disablement)	50	85	85	85	85

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.

(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 article 59 of the Pension Scheme had effect or the person failed to make an election under article 58 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 article 18 (commutation) or 20 (allocation) of the Pension Scheme;

(b) under Part VII of Schedule 2 to that Scheme; or

(c) by virtue of a pension debit,

shall be disregarded.

3.—(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

(2) The additional benefits are—

(a) so much of any disablement pension under section 103 of the Social Security Contribution and Benefits (Northern Ireland) Act 1992(1) (“the 1992 Act”) as relates to the qualifying injury, together with any relevant increase;

(b) so much of any reduced earnings allowance under paragraph 11 of Schedule 7 to the 1992 Act as relates to the qualifying injury; and

(c) until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 31 or 33 of the 1992 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 68 of the 1992 Act, and the benefits are—

(a) any sickness benefit under section 31 of the 1992 Act; and

(b) any invalidity pension under section 33 of the 1992 Act, including any additional component comprised in it in pursuance of section 55 of and Schedule 5 to the 1992 Act; and

(c) any severe disablement allowance under section 68 of the 1992 Act.

(4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a) by way of unemployability supplement under paragraph 2 of Schedule 7 to the 1992 Act, excluding any increase under paragraph 3 of Schedule 7 in the supplement; or

(b) under paragraph 4 or 6 of Schedule 7 to the 1992 Act (dependants),

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under paragraph 10 of Schedule 7 to the 1992 Act (hospital treatment).

(5) In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of sections 80 to 93 of the 1992 Act (dependants) is a relevant increase.

(6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed.

(7) Where a person has become entitled to a disablement gratuity under section 103 of the 1992 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 103 of the 1992 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

4.  No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 2 and 3 equal or exceed the amount of the pension calculated in accordance with paragraph 1.

PART 2 CALCULATION OF AWARDS FOR PART-TIME SERVICE

1.—(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.

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

(A x (B + C)) ÷ D

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 the Board;

B is the period in years of his pensionable service as a whole-time employee of the Board;

C is the period in years of his pensionable service as a part-time employee of the Board, 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.

(1)

1992 c 7.