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The Firefighters' Compensation Scheme (Wales) Order 2007

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SCHEDULE 1INJURY AWARDS AND DUTY-RELATED COMPENSATION

PART 1CALCULATION OF AWARDS FOR FULL-TIME SERVICE

3.—(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

(2) The additional benefits are—

(a)so much of any disablement pension under section 57 of the Social Security Act 1975(31) (“the 1975 Act”) as relates to the qualifying injury, together with any relevant increase,

(b)so much of any reduced earnings allowance under section 59A of the 1975(32) Act as relates to the qualifying injury, and

(c)until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 14 or 15 of the 1975 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 36 of the 1975 Act, and the benefits are—

(a)any sickness benefit under section 14 of the 1975 Act, including one to which he is only entitled by virtue of section 50A of that Act(33), and

(b)any invalidity pension under section 15 of the 1975 Act, including any additional component comprised in it in pursuance of section 14 of the Social Security Pensions Act 1975(34), and

(c)any severe disablement allowance under section 36 of the 1975 Act.

(4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a)by way of unemployability supplement under section 58 of the 1975 Act, excluding any increase under section 59 in the supplement(35),

(b)under section 60 of the 1975 Act (special hardship)(36), or

(c)under section 64 or 66 of the 1975 Act (dependants)(37),

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under section 62 of the 1975 Act (hospital treatment).

(5) In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of Chapter III of Part II of the 1975 Act (dependants) is a relevant increase.

(6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed; where the benefit includes an amount attributable to an increase under section 60 of the 1975 Act (special hardship), it is to be assumed that the increase would have borne the same relationship to the former maximum for increases under that section.

(7) Where a person has become entitled to a disablement gratuity under section 57 of the 1975 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 57 of the 1975 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

(1)

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.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(9)

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.

(11)

See rule G1.

(12)

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

(13)

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

(14)

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

(17)

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

(19)

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

(20)

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

(21)

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

(25)

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

(26)

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

(28)

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

(29)

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

(30)

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

(31)

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.

(32)

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

(33)

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

(34)

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

(35)

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

(36)

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

(37)

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

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