Firemen's Pension Scheme (Amendment) (No. 2) Order 1983
| Jurisdiction | UK Non-devolved |
1983 No. 1409
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) (No. 2) Order 198319thSeptember 1983
19thSeptember 1983
10thOctober 1983
In exercise of the powers conferred upon me by section 26 of the Fire Services Act 1947(a) as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(b) and sections 12 and 16 of the Superannuation Act 1972 (c), I hereby, with the approval of the Treasury and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:—
1. This Order may be cited as the Firemen's Pension Scheme (Amendment) (No. 2) Order 1983.
2. This Order shall come into operation on 10th October 1983 and shall have effect as from 25th November 1982.
3. In this Order "the 1973 Scheme" means the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(d).
4. In Articles 33(2) and 34(2) of the 1973 Scheme there shall in each case before the words "and IV" be inserted the words "IIA".
5. In Article 35(4) of the 1973 Scheme for the words "the father's" there shall be substituted the words "that parent's".
6. For Articles 38 and 39 of the 1973 Scheme there shall be substituted the following provision:—
"Limitation on child's award
38.—(1) A child's allowance or gratuity (other than a gratuity in lieu of an allowance) shall not be granted—
(a) to a child born on or after the date on which the fireman ceased to be a regular fireman otherwise than of a marriage which took place before that date (hereinafter referred to as "the relevant date");
(b) by virtue of his being a step-child, to the child of a spouse whose marriage to the relevant parent took place on or after the relevant date;
(c) by virtue of his being substantially dependent on the fireman, to a child who was not so dependent before the relevant date;
(b)l951 c.65.
(c) 1972 c.11.
(d) S.I. 1973/966; the relevant amending instruments are S.I. 1973/1814, 1974/1797, 1975/1717, 1976/1273, 1708, 1977/1704, 1978/1228, 1349, 1577, 1979/1286, 1980/1615, 1982/114.
(d) by virtue only of his being an adopted child, to a child adopted on or after the relevant date;
(e) except in the case of a legitimate child of the relevant parent, to a child who was not substantially dependent on that parent at the time of his death;
and, without prejudice to the foregoing, a child's gratuity shall not be granted to a child who attained the age of 17 years before the date of the relevant parent's death unless at that date he is—
(i) undergoing full-time education; or
(ii) in full-time training of at least one year's duration for a trade, profession or calling (hereinafter referred to as "full-time vocational training"); or
(iii) both permanently disabled and substantially dependent on that parent.
(2) Subject to paragraph (3) a child's allowance shall not be payable to a child who has attained the age of 16 years and who is in full-time employment, unless he is in full-time vocational training, or to a child who has attained the age of 17 years unless he is—
(a) undergoing full-time education; or
(b) in full-time vocational training; or
(c) permanently disabled, and—
(i) was both permanently disabled and substantially dependent on the relevant parent at the time of his death; or
(ii) became so disabled while in receipt of a child's allowance; or
(iii) the fire authority, having regard to all the circumstances, in their discretion determine to pay a child's allowance to him.
(3) A child's allowance shall not be payable by virtue of sub-paragraph (a) or (b) of paragraph (2) to a child who has attained the age of 19 years unless—
(a) immediately before the date on which he attained that age he was undergoing education or in training as mentioned therein and has at all times thereafter, without any period of interruption, either been undergoing such education or in such training; or
(b) the fire authority, having regard to all the circumstances of the case, in their discretion determine that...
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