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

Disablement

3.—(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

(2) Disablement—

(a) in relation to a firefighter member, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to perform any duties of the role in which he was last employed;

(b) in relation to a child, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to earn a living.

(3) In determining whether a person’s disablement is permanent, the Board shall have regard—

(a) in every case, to whether the disablement will continue until the person’s normal retirement age; and

(b) in relation to a person who has taken a deferred pension, to whether the disablement will continue until his normal benefit age.

(4) Where—

(a) a person has left the Scheme with deferred entitlement to benefits before becoming disabled; and

(b) the date on which he becomes disabled cannot be ascertained,

the date shall be taken to be that on which the claim that he is disabled is first made known to the Board.