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The Firefighters' Compensation Scheme (Scotland) Amendment Order 2007

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4.  In Part 4 (awards on death: children), in rule 3 (child’s special allowance or gratuity: limitations), for paragraphs (2) to (7) substitute–

(2) Subject to paragraphs (3) and (4), no allowance under this Part shall be paid to a person if that person–

(a)is 18 or older;

(b)has ceased full-time education and is in paid employment; or

(c)is married or has entered into a civil partnership.

(3) A child who is aged 18 but not more than 23 is entitled to an allowance if the child is in full–time education or attending a course of at least one year’s duration.

(4) A child who is aged 18 or more is entitled to an allowance if, when the scheme member dies, the child is dependent on the scheme member by reason of permanent disablement.

(5) A child’s allowance ceases to be payable–

(a)unless paragraph (3) or (4) applies, on the child’s 18th birthday or the occurrence of an event referred to in sub-paragraph (b) or (c), whichever first occurs;

(b)where paragraph (3) applies, on the child’s 23rd birthday or that on which the child’s full–time education or course ceases, whichever first occurs;

(c)where paragraph (4) applies, when the fire and rescue authority are satisfied–

(i)that the child is no longer permanently disabled; or

(ii)that the child’s pension should not have been awarded.

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

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