ANNEXN.I.The Firefighters’ Pension Scheme (Northern Ireland) 2007

PART DN.I.AWARDS ON DEATH — CHILDREN

Child’s ordinary allowanceN.I.

33.—(1) This article applies where a person dies, leaving a child—

(a)while serving as a regular firefighter unless an election under article 59 not to pay pension contributions had effect at the time of his death; or

(b)while in receipt of an ordinary, short service or ill-health pension; or

(c)while in receipt of an injury pension under the Compensation Scheme, if he has been but no longer is in receipt both of that pension and of an ill-health pension; or

(d)in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Subject to article 35, where this article applies the child is entitled to an ordinary allowance calculated, subject to Part II of Schedule 9 (children’s awards), in accordance with Part I of Schedule 4.

Child’s accrued allowanceN.I.

34.—(1) This article applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a child.

(2) Subject to article 35 where this article applies the child is entitled to an accrued allowance calculated in accordance with Part II of Schedule 4.

Child’s allowance or special gratuity — limitationsN.I.

35.—(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) No allowance under this Part shall be paid in respect of a person who—

(a)has attained the age of 16 but has not attained the age of 17; and

(b)is in full-time employment,

unless the employment constitutes full-time training of at least one year’s duration for a trade, profession or calling (“full-time vocational training”).

(3) No allowance under this Part shall be paid in respect of a person who has attained the age of 17 unless—

(a)he is permanently disabled and one of the conditions in paragraph (4) is satisfied; or

(b)he is undergoing full-time education or full-time vocational training and either he has not attained the age of 19 or the condition in paragraph (5) is satisfied.

(4) The conditions mentioned in paragraph (3)(a) are—

(a)that he was both permanently disabled and substantially dependent on the deceased at the time of the death; or

(b)that he became permanently disabled while in receipt of an allowance under this Part; or

(c)that the Board, having regard to all the circumstances, in its discretion determines to pay an allowance to him.

(5) The condition mentioned in paragraph (3)(b) is that he was undergoing full-time education or full-time vocational training immediately before his 19th birthday and either—

(a)he has since continued to do so without any period of interruption; or

(b)the Board, having regard to all the circumstances, in its discretion determines to pay an allowance to him notwithstanding any period of interruption.

(6) Part III of Schedule 4 has effect for the reduction, in certain circumstances, of allowances under this Part.

Pension debit membersN.I.

36.—(1) Where a pension debit member dies leaving a child, the reduction in his rights under this Scheme by virtue of Article 28 of the 1999 Order is disregarded for the purposes of calculating any award payable under this Part.