The Social Security(Northern Ireland) Order 1989

Certain benefits not payable for periods of entitlement before deemed date of entitlement

4.—(1) In section 25 of that Act (widowed mother’s allowance), for subsection (3) substitute the following subsections—

“(3) The widow shall not be entitled to the allowance for any period after she remarries, but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above.

(4) A widowed mother’s allowance shall not be payable—

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of Article 52(1)(l) of the Social Security (Northern Ireland) Order 1986; or

(b) for any period during which she and a man to whom she is not married are living together as husband and wife.”.

(2) In section 26 of that Act (widow’s pension), for subsection (3) substitute the following subsections—

“(3) The widow shall not be entitled to the pension for any period after she remarries, but, subject to that, she shall continue to be entitled to it until she attains the age of 65.

(4) A widow’s pension shall not be payable—

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of Article 52(1)(l) of the Social Security (Northern Ireland) Order 1986;

(b) for any period for which she is entitled to a widowed mother’s allowance; or

(c) for any period during which she and a man to whom she is not married are living together as husband and wife.”.

(3) In section 28 of that Act (Category A retirement pension), in subsection (1) for the words following paragraph (b) substitute—

“and, subject to the provisions of this Act, he shall become so entitled on the date on which he attains pensionable age and his entitlement shall continue throughout his life”.

(4) After that subsection insert the following subsection—

“(1A) A Category A retirement pension shall not be payable in respect of any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of Article 52(1)(l) of the Social Security (Northern Ireland) Order 1986.”.

(5) In section 29 of that Act (Category B retirement pension), for subsection (9) substitute the following subsections—

“(9) Subject to the provisions of this Act, a woman’s entitlement to a Category B retirement pension shall commence on the day on which the conditions of entitlement become satisfied in her case and shall continue throughout her life.

(9A) A woman’s Category B retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of Article 52(1)(l) of the Social Security (Northern Ireland) Order 1986.”.

(6) In section 39 of that Act (Category C and D retirement pensions, etc.), for subsection (3) substitute the following subsections—

“(3) Entitlement to a Category C or Category D retirement pension shall continue throughout the pensioner’s life.

(3A) A Category C or Category D retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of Article 52(1)(l) of the Social Security (Northern Ireland) Order 1986.”.