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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 4AWARDS ON DEATH: CHIDREN

Child’s special allowance

1.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule 3, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with paragraph 1 of Part 1 of Schedule 3.

Child’s special gratuity

2.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse or civil partner entitled to a gratuity under rule 1 of Part 3, and one of the conditions in rule 2(2) of that Part is satisfied.

(2) Subject to rule 3, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule 2(5) of Part 3 (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Child’s special allowance or gratuity: limitations

3.—(1) No allowance or gratuity under this Part shall be paid—

(a)in respect of a child born on or after the relevant date who is not a child of a marriage that took place, or of a civil partnership that was formed, before that date, or

(b)by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place, or of a civil partner whose civil partnership with the deceased was formed, on or after the relevant date, or

(c)by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date, or

(d)by reason of his being an adopted child, in respect of a child adopted on or after the relevant date, or

(e)except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

(2) Subject to paragraphs (3) and (4), no allowance shall be paid to a person 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.

(3) A child who is aged 18 but not more than 23 is entitled to an allowance if he is in full-time education or attending a course of at least one year’s duration.

(4) A child who is aged 18 or more is entitled to an allowance if, when the scheme member dies, he is dependent on him by reason of permanent disablement.

(5) A child’s allowance ceases to be payable —

(a)unless paragraph (3) or (4) applies, on his 18th birthday or the occurrence of an event referred to in paragraph (b) or (c), whichever first occurs;

(b)where paragraph (3) applies, on his 23rd birthday or that on which his full-time education or course ceases, whichever first occurs;

(c)where paragraph (4) applies, when the authority are satisfied —

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

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

(6) Unless paragraph (5)(c) applies, an allowance payable in the circumstances mentioned in paragraph (4) is payable for life.

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