Search Legislation

The Firefighters' Compensation Scheme (Wales) Order 2007

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Part 4

SCHEDULE 3AWARDS ON DEATH: CHILDREN

PART 1CHILD'S SPECIAL ALLOWANCE

1.  Subject to paragraph 4, the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay.

2.  Where one of the child’s parents is alive—

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10, and

(b)if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

3.  In respect of any period during which neither of the child’s parents is alive—

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20, and

(b)if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

4.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraphs 1 to 3 of Part 1 of Schedule 3 if the average pensionable pay or, as the case may be, the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority”.

PART 2REDUCTION IN CHILD'S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

1.  This Part applies where a child entitled to a special allowance under rule 1 of Part 4 (“the special allowance”)—

(a)is undergoing full-time vocational training, and

(b)is receiving, in respect of that training, remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

2.—(1) Where this Part applies—

(a)if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the special allowance, the allowance shall not be paid, and

(b)in any other case, the amount of the special allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraphs 2(b) and 3(b) of Part 2 of Schedule 4 to the 1992 Scheme and paragraphs 2(b) and 3(b) of Part 1 of this Schedule, applies—

(a)where sub-paragraph (1)(a) above applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance, and

(b)where sub-paragraph (1)(b) above applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a)no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case, and

(b)the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

3.—(1) The specified rate is the annual rate (rounded up to the nearest £1) at which an official pension, within the meaning of the Pensions (Increase) Act 1971(32) (“the 1971 Act”), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1 June 1972 and had then been payable at an annual rate of £250.

(2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources