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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 2INJURY AWARDS AND DUTY-RELATED COMPENSATION

Injury awards

1.—(1) This rule applies to a firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

(2) The firefighter is entitled—

(a)to a gratuity, and

(b)subject to paragraphs (3) and (4), to an injury pension, both calculated in accordance with Schedule 1.

(3) Payment of an injury pension is subject to paragraph 4 of Part 1 of Schedule 1.

(4) Where the firefighter retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

Part-time, retained and volunteer firefighters

2.—(1) Where a person is entitled to an award under this Part and some or all of his service, by virtue of which his pensionable service is reckonable, is part-time service, his award shall be calculated in accordance with Part 2 of Schedule 1.

(2) Where a person —

(a)first takes up employment with a fire and rescue authority as a retained or volunteer firefighter on or after 6 April 2006; and

(b)is entitled to an award under this Part,

his award shall be calculated in accordance with Part 3 of Schedule 1.

Compensation for death or permanent incapacity while on duty

3.—(1) This rule applies—

(a)in relation to a firefighter whose death is caused solely by the effects of a qualifying injury sustained in the performance of his duties as a firefighter, and

(b)to a firefighter who is permanently incapacitated at the date of discharge for carrying on any occupation solely by reason of a qualifying injury sustained in the performance of his duties as a firefighter.

(2) Subject to paragraphs (4) and (6) to (8), the fire and rescue authority shall pay—

(a)to the firefighter, or

(b)if he dies within twelve months of the date on which he sustained the injury that was the cause of his death—

(i)to his dependants, for their joint benefit; or

(ii)if he has only one dependant, to that person,

the amount ascertained in accordance with paragraph (3).

(3) The amount is equal to five times the annual pensionable pay that a person who—

(a)is employed in the role of firefighter by the same fire and rescue authority; and

(b)for pay purposes, is competent,

would receive, calculated—

(i)on the assumption that the person had completed four years' service; and

(ii)using the rate of pay applicable at the date on which the injury was sustained.

(4) If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the fire and rescue authority shall, subject to paragraphs (6) to (8), pay to his executor or personal representative, for the benefit of his estate, the sum of £950.

(5) The recipient of a payment under paragraph (2) or (4)—

(a)shall notify the fire and rescue authority of the subsequent receipt by him, or where payment is made in the circumstances mentioned in paragraph (2)(b), by any dependant of the deceased, of any payment by way of compensation or damages referable to the qualifying injury (including the receipt of any such payment from the authority); and

(b)shall, unless that payment has already been abated by virtue of paragraph (7), pay to the authority such amount as may be notified to him by the authority as the amount to which the authority is entitled under paragraph (7).

(6) Where the firefighter’s serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the fire and rescue authority may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as they consider appropriate.

(7) The fire and rescue authority shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

(8) The fire and rescue authority shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or 1992 Scheme, or any lump sum payable under the 2007 Scheme other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

(9) For the purposes of this rule—

(a)a person is competent for pay purposes if—

(i)having been assessed, he has been found to be competent in the performance of the duties of his role; and

(ii)he is paid at the rate appropriate to competent firefighters performing the same role; and

(b)the dependants of a deceased firefighter are—

(i)any spouse or civil partner who is living with the firefighter at the date of his death;

(ii)any spouse or civil partner who is not living with the firefighter at that time but who is wholly or substantially dependent on him for financial support;

(iii)any unmarried partner (other than a civil partner) who had been living with the firefighter in a long-term relationship (his “long-term partner”);

(iv)any dependent child who at the date of the firefighter’s death—

(aa)is under 16; or

(bb)is under 19 and is undergoing full-time education or full-time vocational training;

(v)any parent of his who at the date of his death is wholly or substantially dependent on him for financial support; and

(vi)any brother, sister, daughter or son of his who at the date of his death is—

(aa)over the age of 19, and

(bb)wholly or substantially dependent on him for financial support.

(10) In paragraph (9)(b)(iii), “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of at least two years ending with the date of the firefighter’s death or such shorter period as the fire and rescue authority may in any particular case allow.

Commutation of small compensatory pensions

4.—(1) Where the total amount of—

(a)any pension under rule 1 payable to a person who has attained state pensionable age; and

(b)any pension to which he is entitled under rule IA1 of the 1992 Scheme or rule 1 of Part 6 of the 2007 Scheme (pension credit member’s entitlement to pension); and

(c)any increase under the Pensions (Increase) Act 1971(13),

does not exceed the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)(14), the fire and rescue authority may commute the pension for a lump sum.

(2) The amount of a lump sum under this rule is the actuarial equivalent calculated from tables prepared by the Government Actuary.

(2)

2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.

(4)

S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.

(6)

See rule G1.

(7)

2004 c. 21; see section 1 of the Act.

(8)

The Faculty of Occupational Medicine is a registered charity no. 1035415.

(9)

S.I. 2003/1250; the definition of “competent authority” is in Schedule 1.

(12)

1959 c. 44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(14)

2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.

(15)

Set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)).

(16)

2004 c. 12. As to “lump sum death benefit rule”, see section 168 and Part 2 of Schedule 29 to, that Act.

(20)

Rules B7, B9 and B10 are amended by S.I. 2007/1074 (W.112).

(21)

Rule B5 was amended by S.I. 2006/1672, Sch. 1 para 15.

(23)

Rule B9 of the 1992 Scheme was amended by S.I. 2006/1672 Sch. 1 para 19 and Sch. 2 para 2(b)(i)

(24)

Rule IA1 was inserted by S.I. 2001/3691.

(25)

Rule JI was amended by S.I. 2006/1672, Sch. 1 para 66 and Sch. 2 para 21.

(26)

1975 c. 14, amended, as respects the provisions mentioned in this paragraph by the Social Security Pensions Act 1975 (c. 60),section 18(1) and Schedule 4, Part I; by the Child Benefit Act 1975 (c. 61), Schedules 4 and 5; by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), sections 5 and 22 and Schedule 2; by the Social Security Act 1979 (c. 18), Schedules 1 and 3; by the Social Security Act 1980 (c. 30), Schedules 1 and 5; by the Social Security (No. 2) Act 1980 (c. 39), section 3; by the Social Security and Housing Benefits Act 1982 (c. 24), section 39, Schedule 2, Schedule 4 Part I and Schedule 5; and by the Social Security Act 1986 (c. 50), Schedule 3.

(27)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(28)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(29)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(30)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(31)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(32)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

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