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

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PART 14PAYMENT OF AWARDS

Deduction of tax and lifetime allowance charge

95.  Where any payment that the Board is required to make under this Scheme is chargeable to tax or subject to a lifetime allowance charge under the Finance Act 2004(1) it shall deduct the amount of tax charged or to be recovered from the payment.

Payment of awards

96.—(1) Subject to paragraph (2), while an award is payable under this Scheme it shall be paid monthly in arrears.

(2) The Board may—

(a)delay payment, in whole or part, to the extent necessary for determining any question as to its liability; and.

(b)where it is of the opinion that, by reason of the amount of the award, its payment monthly in arrears would be impracticable, discharge its liability in respect of it by making payments at such reasonable intervals as it thinks fit.

(3) Lump sums under Part 5 and, subject to paragraphs (4) and (5), pensions under Part 4 are payable from the day after the date of the death.

(4) A pension under Part 4 in respect of a posthumous child is payable from the date of his birth.

(5) Where—

(a)the Board is not informed of the death of a pensioner; and

(b)a pension to which he was entitled has continued in payment,

the Board may recover all or part of the overpayment, as it thinks fit; and may recover it by set-off against any other pension payable under this Scheme in respect of the deceased.

(6) Where a person is entitled under article 18 to the repayment of his aggregate pension contributions, the Board is not obliged to make payment—

(a)until the expiration of a year from the date of his retirement; or

(b)until he requests payment,

whichever is the earlier.

Pensions under more than one contract

97.  Where a person is a member of this Scheme in respect of more than one contract of employment, each employment shall be treated separately for pension purposes.

Payments for minors and persons incapable of managing their affairs

98.—(1) Any sum payable to a minor in respect of an award may, if the Board thinks fit, be paid to such other person as it may determine, who shall, in accordance with any directions given by the Board, apply it for the minor’s benefit.

(2) If it appears to the Board that a person entitled to payment of an award is, by reason of mental disorder or otherwise, incapable of managing his affairs—

(a)it may pay the award or any part of it to a person having the care of the person entitled, or such other person as it may determine; and

(b)insofar as it does not pay the award in that manner, it may apply it in such manner as it thinks fit for the benefit of the person entitled or his dependants.

Payment of awards; further supplementary provision

99.—(1) On the death of a person to whom there was due, in respect of an award, a sum not exceeding the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967(2), the Board may, without requiring the production of probate or any other proof of entitlement—

(a)where only one person appears to be beneficially entitled to the personal estate of the deceased, pay the sum to that person; or

(b)in any other case, either pay the sum to one of the persons appearing to be so entitled or distribute it among all or any of them in such proportions as the Board may determine.

(2) An assignment of, or charge on, an award is void to the extent that it is in favour of a person other than a dependant of the person entitled to the award.

(3) On the bankruptcy of a person entitled to an award, the award does not pass to any trustee or other person acting on behalf of the creditors.

(4) Subject to paragraphs (5) and (6), where as a result of fraud, theft or negligence on the part of a firefighter in connection with his employment, there has been a loss to the funds of the Board, the Board may withhold all or part of any sums becoming due to him from the Board in respect of an award.

(5) The total amount withheld under paragraph (4) must not exceed the amount of the loss; and in the event of any dispute as to the amount of the loss, nothing may be withheld unless the loss has become recoverable from the person entitled to the award under the order of a competent court.

(6) There shall not in any case be withheld any part of a sum due that is not attributable to service as an employee of the Board.

(7) Where an amount is withheld under paragraph (4), the Board shall provide the person entitled to the award with a certificate showing the amount withheld.

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