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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 5AWARDS ON DEATH: ADDITIONAL PROVISIONS

Adult dependent relative’s special pension

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,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a)a parent of the deceased, or

(b)a brother or sister of the deceased who had attained the age of 19 before the death, or

(c)a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the fire and rescue authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a)shall be calculated in accordance with Part 1 of Schedule 4, and

(b)is payable for such period or periods as the fire and rescue authority may, in their discretion, from time to time determine.

Dependent relative’s gratuity

2.—(1) This rule applies where a person dies—

(a)while serving as a regular firefighter, or

(b)while in receipt of a pension other than a deferred pension, and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a)was substantially dependent on the deceased immediately before the death, and

(b)is not entitled to any award under this Scheme.

(3) If the fire and rescue authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

Lump sum in lieu of surviving spouse’s or civil partner’s pension

3.—(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act 1971, does not exceed the commutation limit specified for the purposes of Part 2 of Schedule 29 to the Finance Act 2004(15) (lump sum death benefit rule) the fire and rescue authority may commute the pension for a lump sum.

(2) Where—

(a)a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3 , and

(b)the fire and rescue authority are satisfied that there are sufficient reasons, and

(c)the surviving spouse or civil partner consents, and

(d)the deceased spouse or civil partner died before his 75th birthday,

the fire and rescue authority may commute the pension for a lump sum.

(3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.

(4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Lump sum in lieu of child’s special allowance

4.—(1) Where—

(a)a child is entitled to a special allowance under rule 1 of Part 4, and

(b)the fire and rescue authority are satisfied that there are sufficient reasons, and

(c)a surviving parent or the child’s guardian, or if he has neither, the child himself, consents,

the fire and rescue authority may commute the allowance for a lump sum.

(2) A lump sum under this rule shall be calculated in accordance with Part 2 of Schedule 4.

Increase of pensions and allowances during first 13 weeks

5.—(1) Paragraphs (2) to (4) apply to an award under rule 1 of Part 3 (special award for spouse or civil partner) (“survivor’s pension”) where the deceased died—

(a)while serving as a regular firefighter, or

(b)while in receipt of a pension.

(2) For each of the first 13 weeks for which it is payable the survivor’s pension shall, if necessary, be increased so that the total of—

(a)the survivor’s pension, and

(b)any children’s allowances payable under this Scheme or the 1992 Scheme, and

(c)any children’s pensions payable under the 2007 Scheme,

is not less than the appropriate amount.

(3) The appropriate amount is—

(a)where paragraph (1)(a) applies, the deceased’s pensionable pay for a week,

(b)where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pensions (Increase) Act 1971,

immediately before the death.

(4) For the purposes of paragraph (3)(b)—

(a)any reduction in the deceased’s pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VIII of Schedule 2 to the 1992 Scheme (reduction related to uprating of widows' pensions) shall be disregarded, and

(b)where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.

(5) Paragraphs (6) and (7) apply to a child’s special allowance under this Scheme a child’s ordinary or accrued allowance under the 1992 Scheme or a child pension under the 2007 Scheme where the deceased died as mentioned in paragraph (1) and—

(a)there is no surviving spouse or civil partner, or

(b)a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.

(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall, if necessary, be increased—

(a)so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4), or

(b)where two or more allowances are payable, so that the amount paid in respect of each of them is not less than that appropriate amount divided by the number of allowances.

(7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the 1992 Scheme or the 2007 Scheme is payable to a surviving spouse or civil partner.

(1)

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

(3)

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.

(5)

See rule G1.

(6)

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

(7)

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

(8)

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

(11)

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

(13)

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

(14)

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

(15)

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

(19)

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

(20)

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

(22)

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

(23)

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

(24)

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

(25)

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.

(26)

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

(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.

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