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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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Child’s pension: limitations and duration

29.—(1) Subject to paragraphs (2) and (3), a child is not eligible if—

(a)he is 18 or older;

(b)he has ceased full-time education and is in paid employment; or

(c)he is married or has entered into a civil partnership.

(2) A child aged 18 but not more than 23 is eligible if he is in full–time education or attending a course of at least one year’s duration.

(3) A child aged 18 or more is eligible if, when the scheme member dies, he is dependent on him by reason of permanent disability.

(4) Subject to paragraph (6), a child is not eligible if he is convicted of the murder of the deceased.

(5) Subject to paragraph (7), where the child is convicted of the manslaughter of the deceased, the Board may, as it thinks fit, withhold the child’s pension—

(a)in whole or in part; and

(b)permanently or temporarily.

(6) Where a conviction of the description mentioned in paragraph (4) is quashed on appeal—

(a)a child’s pension shall be payable from the day after that on which the deceased died; and

(b)the Board shall, as soon as reasonably practical after the conviction is quashed, pay the arrears of pension accrued.

(7) Where—

(a)a conviction of the description mentioned in paragraph (5) is quashed on appeal; and

(b)the Board has withheld any part of the child’s pension,

the Board’s decision under paragraph (5) shall be treated as revoked and it shall, as soon as reasonably practical after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.

(8) Nothing in paragraph (6) or (7) shall affect the application of paragraph (4) or (5) if the child whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.

(9) A child’s pension ceases to be payable—

(a)unless paragraph (2) or (3) applies, on his 18th birthday or the occurrence of an event referred to in paragraph (b) or (c), whichever first occurs;

(b)where paragraph (2) applies, on his 23rd birthday or on the day on which his full–time education ceases, whichever first occurs;

(c)where paragraph (3) applies, when the Board is satisfied—

(i)that the child is no longer permanently disabled; or

(ii)that the child’s pension should not have been awarded.

(10) Unless paragraph (9)(c) applies, a pension for which a child is eligible as mentioned in paragraph (3) is payable for life.

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