The Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

4.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2)(2) (interpretation) the definition of “period of enhancement” shall be omitted.

(3) In regulation 2 (election to be treated as not having retired) –

(a) in paragraph (1)(a) the words from “but is” to “70” shall be omitted;

(b) for paragraphs (3)(3) and (4) there shall be substituted the following paragraphs –

“(3) Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Department unless the Department directs in any particular case that the notice or consent must be given in writing.

(4) Subject to paragraphs (5) and (6), an election shall take effect –

(a) on the date on which it is given; or

(b) on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.”; and

(c) in paragraph (5)(a) the words “in writing” shall be omitted.

(4) In regulation 4 (days to be treated as days of increment) –

(a) in paragraphs (1) and (2)(i)(4) for “enhancement” there shall be substituted “deferment”;

(b) in paragraph (1) –

(i) in sub-paragraph (c) after “Article 12(2) increase” there shall be inserted “and whose period of deferment began before 6th April 2005”, and

(ii) after sub-paragraph (c) there shall be inserted –

“and

(d) in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005 –

(i) no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer, or

(ii) another person has received such an increase in respect of the deferrer and the deferrer is neither married to, nor residing with, that other person.”.

(5) In regulation 5(5) (which modifies Schedule 1 to the Pensions Order) –

(a) in paragraphs (1) and (3)(a) for “enhancement” there shall be substituted “deferment”; and

(b) in paragraph (5) for “1/7th per cent”, in both places where it occurs, there shall be substituted “⅕;th per cent.”.

(1)

S.R. 1979 No. 243; the relevant amending regulations are S.R. 1987 No. 404, S.R. 1989 Nos. 193 and 373

(2)

The definition of “period of enhancement” was substituted by regulation 8(2) of S.R. 1989 No. 373

(3)

Paragraph (3) was amended by regulation 3 of S.R. 1989 No. 193

(4)

Paragraphs (1) and (2)(i) were amended by regulation 8(5) of S.R. 1989 No. 373

(5)

Regulation 5 was amended by regulation 2(2) of S.R. 1987 No. 404 and regulation 8(6) of S.R. 1989 No. 373