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

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

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.

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.

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.

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.

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).

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).

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.

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

In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay.

Where this rule applies, rule 1 of this Part applies with the modifications set out in paragraphs (4) and (5) below.

For the purpose of calculating the special pension, Part 1 of Schedule 2 has effect with the substitution for “45%” of “50%”.

Unless they produce a more favourable result, paragraphs (3) to (5) of rule 1 do not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter employed in the role of firefighter by a fire and rescue authority and entitled to reckon 30 years' service for the purposes of pay.

A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.

A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5 April 1988 bears to the whole of his pensionable service.

Subject to paragraph (1A), a surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under rule 1 or 2 of this Part.

The fire and rescue authority may determine that, for such period as they think fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as they think fit.

Where, but for paragraph (1), the surviving spouse or civil partner would be entitled to a gratuity, the fire and rescue authority may decide that the gratuity be paid in whole or part, as they think fit.

Subject to paragraph (3), a person entitled to a pension under this Part who marries, remarries, forms a civil partnership or a subsequent civil partnership is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage or civil partnership is dissolved or the other party to it dies, the fire and rescue authority may pay the whole or any part of the pension for such period after the dissolution or death as they think fit.

Subject to paragraph (3), where a person entitled to a gratuity under this Part marries, remarries, forms a civil partnership or a subsequent civil partnership, any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage or civil partnership is dissolved or the other party to it dies the fire and rescue authority may pay the person the whole or any part of the outstanding amount.

Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.

Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.

In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.

For the purposes of paragraph (2), a part of a year shall be treated as a whole year.

References in this rule to rule 1 include references to that rule as applied by rule 2(3).

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.

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

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.

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.

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.

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

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.

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.

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

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

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

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

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

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.

The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire and rescue authority.

If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the fire and rescue authority in accordance with paragraph 1 of Schedule 5.

A fire and rescue authority shall be bound by any decision on any issue referred to in subparagraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

Further provisions as to appeals under this rule are contained in Schedule 5.

If he is dissatisfied with any determination given by the fire and rescue authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to sub-paragraph (3), make such order or declaration in the matter as appears to it to be just.

For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

Subject to paragraph (3), rule B3 of the 1992 Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under rule A15 of the 1992 Scheme (compulsory retirement on grounds of disablement) at the end of his forces period.

Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in rule E9(7) and (8) of the 1992 Scheme (flat-rate awards).

Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).

For the purposes of this Scheme a reservist shall be treated as having continued to be a firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

This rule applies to a reservist who, at the end of his forces period, is permanently disabled.

Subject to paragraph (3), rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement) has effect in relation to a reservist to whom this rule applies as if the reservist were a firefighter member taking ill-health retirement at the end of his forces period.

Paragraph 1 of Schedule 7 has effect for limiting increases under paragraph (3)(b).

If the reservist dies from the effects of an injury received during his forces period or a qualifying injury, the fire and rescue authority may, subject to paragraph (3), increase any pension or child pension payable under rule 1, or rule 6 or 9, of Part 4 of the 2007 Scheme.

Paragraphs 2 and 3 of Schedule 7 have effect for limiting increases under paragraph (2).

If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula —

A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the 1992 Scheme or the 2007 Scheme that is then in payment.

Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the 1992 Scheme

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

Subject to paragraph (4A), a person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (illhealth awards) of the 1992 Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) of the 1992 Scheme or, if he has become a member of the 2007 Scheme, rule 9 or 11 of Part 3 of the 2007 Scheme, rule 1 of Part 9 of that Scheme (review of ill-health pension) and rule 2 of that Part (consequences of review) apply accordingly in relation to the awards to which he is thus entitled.

In the case of a person who has become a member of the 2007 Scheme, the award under rule B3 of the 1992 Scheme shall be reduced by the amount of any award to which the person is entitled under rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement).

Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.

Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s or civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.

Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 4 of Part 5 (lump sum in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.

Part 1 applies for the interpretation of rules 1 and 2.

Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2 of this Part.

Where a person is in receipt of an injury pension, the fire and rescue authority shall, at such intervals as they think fit, consider whether the degree of his disablement has substantially altered; if they find that it has, the pension shall be reassessed accordingly.

Where the authority, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall cease with immediate effect.

This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the fire and rescue authority so resolve.

The notional deferred pension is the deferred pension that would have been payable under rule B5 of the 1992 Scheme

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

n the circumstances specified in paragraph (2) the fire and rescue authority by whom a pension under this Scheme is payable may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

Subject to paragraph (2), an award payable under this Scheme to or in respect of a person by reason of his having received an injury while employed by a fire and rescue authority is payable by the authority by whom he was employed when he received the injury.

Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

Where, after receiving a payment in advance in respect of a pension under Part 3, a person marries, remarries, forms a civil partnership or a subsequent civil partnership, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after the marriage took place or, as the case may be, the civil partnership was formed.

Subject to paragraphs (5) and (6), pensions under Part 3 and allowances under Part 4 (“survivors' benefits”) are payable from the date of the death.

Subject to paragraph (6), in the case of a posthumous child any allowance under Part 4 is payable from the date of his birth.

Subject to paragraph (4) and rule L4 of the 1992 Scheme or, as the case may be, rule 4 of Part 14 of the 2007 Scheme, where this rule applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

If a transfer value or cash equivalent is paid, any award to which the person became entitled under Part 2 on ceasing to serve as a regular firefighter ceases to be payable.

The fire and rescue authority which employs a person to whom paragraph (2) applies as a regular firefighter shall pay (in full) the B3 award or, as the case may be, the rule 2 award and, subject to paragraph (4), the authority which employs him as a retained firefighter shall pay only the injury element of the Part 8 award.

Where the amount of the B3 award or, as the case may be, the rule 2 award is less than the amount which, but for paragraph (3), would have been paid to the person as the ill-health element of the Part 8 award, the fire and rescue authority which employs him as a retained firefighter shall pay him an amount equal to the amount of the difference.

A firefighter who is entitled to both an injury award and a Part 8 award shall receive, in respect of those awards, a single award of an amount equal to the injury award or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.

The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way of an award of a description in paragraph (2), the fire and rescue authority which employed the deceased as a retained firefighter shall pay an amount equal to the amount of the difference.