Search Legislation

Pensions (Increase) Act (Northern Ireland) 1971

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Changes over time for: Section 3

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Pensions (Increase) Act (Northern Ireland) 1971, Section 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

3Qualifying conditions.F14N.I.

(1)A pension shall not be increased under this Part unless one of the conditions laid down by this section (in this Act referred to as “qualifying conditions”) is satisfied [F1 or the pension is a[F2 derivative or substituted pension or a relevant injury pension]].

(2)A pension payable in respect of the pensioner's own services[F2, other than a relevant injury pension,] shall not be increased unless the pensioner—

(a)has attained the age of [F3 fifty-five years]; or

(b)has retired on account of physical or mental infirmity from the office or employment in respect of which, or on retirement from which, the pension is payable; or

(c)[F2subject to subsections (9) to (11),]F4. . . has at least one dependant;

or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity.

[F5(2A)A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.]

  • Subs. (3) rep. by 1990 NI 13

  • Subs.(4) rep. by 1974 NI 2

(5)For the purposes of this section, a pensioner shall be deemed to be disabled by physical or mental infirmity if he is permanently incapacitated by such infirmity from engaging in any regular full-time employment.

(6)Subject to subsection (7), “dependant” in this section means, in relation to a pensioner, a person who the pension authority are satisfied is wholly or mainly supported by the pensioner and who either has not attained the age of [F6 seventeen] years or is receiving full-time instruction at an educational estblishment or is undergoing training[F7 for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years].

(7)Where a pension payable to a woman at 31st August 1971 was then payable at a rate increased under the Pensions (Increase) Acts (Northern Ireland) 1920 to 1969 by reason only that she was, and had since 1st April 1956 been, wholly or mainly supporting another person, being either—

(a)her, or her deceased husband's, father, mother, brother, sister, child, uncle or aunt; or

(b)the child of any such person as is mentioned in paragraph ( a); or

(c)her step-father or step-mother; or

(d)a person undergoing training for any trade, profession or vocation;

then so long as the pension authority are satisfied that she continued and continues wholly or mainly to support that person and, if this subsection applies only by virtue of paragraph ( d), that person continued and continues to undergo training for a trade, profession or vocation, that person shall be deemed for purposes of this section to be the woman's dependant.

  • In this subsection “child” includes a step-child and an illegitimate child,F8. . ..

  • Subs. (8) spent

[F9(9) On and after 1st January 1993 paragraph ( c ) of subsection (2) shall have effect only to the extent provided by subsections (10) and (11).

(10)Where, immediately before 1st January 1993, a person is in receipt of a pension the whole or any part of] which has been increased under this Part by virtue of paragraph (c) of subsection (2), that paragraph shall continue to have effect in relation to that[F10 person and that pension or part] until such time as the pension falls to be increased under this Part in consequence of any other provision of that subsection.

(11)In any case where—

(a)a[F11 person's] pension commences on or after 1st January 1993, and

(b)on the day on which the pension commences[F12 he] has not attained the age of 55,

paragraph (c) of subsection (2) shall have effect in relation to that[F13 person] and so much of the pension as is referable to service rendered before 1st January 1993 until such time as the pension falls to be increased under this Part in consequence of any other provision of that subsection.

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.