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The Welfare Reform and Pensions (Northern Ireland) Order 1999

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The Welfare Reform and Pensions (Northern Ireland) Order 1999 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II STAKEHOLDER PENSION SCHEMES

    1. 3.Meaning of “stakeholder pension scheme”

    2. 4.Registration of stakeholder pension schemes

    3. 5.Duty of employers to facilitate access to stakeholder pension schemes

    4. Arts. 6‐7 rep. by 2005 NI 1

    5. 8.Application of certain statutory provisions

    6. 9.Interpretation and application of Part II

  4. PART III PENSIONS: GENERAL

    1. Payments by employers to pension schemes

      1. 10.Monitoring of employers' payments to personal pension schemes

      2. 11.Late payments by employers to occupational pension schemes

    2. Pensions and bankruptcy

      1. 12.Effect of bankruptcy on pension rights: approved arrangements

      2. 13.Effect of bankruptcy on pension rights: unapproved arrangements

      3. 14.No forfeiture on bankruptcy of rights under pension schemes

      4. 15.Excessive pension contributions made by persons who have become bankrupt

    3. Miscellaneous

      1. 16.Compensating occupational pension schemes

      2. Article 17—Amendments

  5. PART IV PENSIONS ON DIVORCE ETC.

    1. Article 18—Amendments

    2. Article 19—Amendments

    3. 20.Extension to overseas divorces etc.

    4. Miscellaneous

      1. 21.Supply of pension information in connection with divorce etc.

      2. 22.Charges by pension arrangements in relation to earmarking orders

      3. 23.Interpretation of Part IV

  6. PART V PENSION SHARING

    1. CHAPTER I SHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

      1. Pension sharing mechanism

        1. 24.Scope of mechanism

        2. 25.Activation of pension sharing

        3. 26.Creation of pension debits and credits

        4. 27.Cash equivalents

      2. Pension debits

        1. 28.Reduction of benefit

        2. 29.Effect on contracted-out rights

      3. Pension credits

        1. 30.Time for discharge of liability

        2. 31.“Implementation period”

        3. 32.Mode of discharge of liability

      4. Treatment of pension credit rights under schemes

        1. 33.Safeguarded rights

        2. 34.Requirements relating to pension credit benefit

        3. 35.Treatment in winding up

      5. Indexation

        1. 36.Public service pension schemes

        2. 37.Other pension schemes

      6. Charges by pension arrangements

        1. 38.Charges in respect of pension sharing costs

      7. Adaptation of statutory schemes

        1. 39.Extension of scheme-making powers

        2. 40.Power to extend judicial pension schemes

      8. Supplementary

        1. 41.Disapplication of restrictions on alienation

        2. 42.Information

        3. 43.Interpretation of Chapter I

    2. CHAPTER II SHARING OF STATE SCHEME RIGHTS

      1. 44.Shareable state scheme rights

      2. 45.Activation of benefit sharing

      3. 46.Creation of state scheme pension debits and credits : transferor in old state pension system or pension sharing activated before 6 April 2016

      4. 46A.Creation of debits and credits: transferor in new state pension system and sharing activated on or after 6 April 2016

      5. 47.Effect of state scheme pension debits and credits

      6. 48.Interpretation of Chapter II

  7. PART VI WELFARE

    1. CHAPTER I SOCIAL SECURITY BENEFITS

      1. Additional pensions

        1. 49.Preservation of rights in respect of additional pensions

      2. State maternity allowance

        1. 50.Extension of entitlement to state maternity allowance

      3. Benefits for widows and widowers

        1. 51.Bereavement payments

        2. 52.New allowances for bereaved spouses

        3. 53.Entitlement to Category B retirement pension by reference to new allowances

      4. Work-focused interviews

        1. 54.Claim or full entitlement to certain benefits conditional on work-focused interview

        2. 55.Optional work-focused interviews

      5. Jobseeker's allowance

        1. Article 56—Amendments

        2. 57.Special schemes for claimants for jobseeker's allowance

      6. Incapacity for work

        1. 58.Incapacity for work: personal capability assessments

      7. Incapacity benefits

        1. 59.Incapacity benefit: restriction to recent contributors

        2. 60.Incapacity benefit: reduction for pension payments

        3. 61.Incapacity benefit: persons incapacitated in youth

        4. 62.Abolition of severe disablement allowance

      8. Disability benefits

        1. 63.Attendance allowance

        2. 64.Disability living allowance

      9. Miscellaneous

        1. 65.Certain overpayments of benefit not to be recoverable

        2. 66.Child benefit: claimant to state national insurance number

        3. Article 67—Amendments

      10. Supplementary

        1. 68.Sharing of functions as regards claims and information

        2. 69.Supply of information for certain purposes

    2. CHAPTER II OTHER WELFARE PROVISIONS

      1. 70.Measures to reduce under-occupation by housing benefit claimants

      2. 71.Supply of information for child support purposes

  8. PART VII GENERAL

    1. Miscellaneous

      1. 72.Authorisation of certain expenditure

    2. Supplementary

      1. 73.Regulations and orders

      2. 74.Consequential amendments etc.

      3. 75.Transitional provisions

      4. Article 76—Repeals

  9. SCHEDULES

    1. SCHEDULE 1

      APPLICATION OF THE PENSION SCHEMES ACT AND THE PENSIONS ORDER TO REGISTERED SCHEMES

      1. 1.(1) The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established...

      2. Paras. 2, 3 rep. by 2005 NI 1

      3. Paras. 2, 3 rep. by 2005 NI 1

    2. Schedule 2—Amendments

    3. Schedule 3—Amendments

    4. Schedule 4—Amendments

    5. SCHEDULE 5

      PENSION CREDITS: MODE OF DISCHARGE

      1. Funded pension schemes (1) (1) This paragraph applies to a pension credit which derives from—...

        1. Funded pension schemes

          1. 1.(1) This paragraph applies to a pension credit which derives from— (a) a funded occupational...

        2. Unfunded public service pension schemes

          1. 2.(1) This paragraph applies to a pension credit which derives from an occupational pension scheme...

        3. Other unfunded occupational pension schemes

          1. 3.(1) This paragraph applies to a pension credit which derives from an occupational pension scheme...

        4. Other pension arrangements

          1. 4.(1) This paragraph applies to a pension credit which derives from— (a) a retirement annuity...

        5. Appropriate rights

          1. 5.For the purposes of this Schedule, rights conferred on the person entitled to a pension...

        6. Qualifying arrangements

          1. 6.(1) The following are qualifying arrangements for the purposes of this Schedule— (a) an occupational...

        7. Disqualification as destination for pension credit

          1. 7.(1) If a pension credit derives from a pension arrangement which is a registered pension...

        8. Adjustments to amount of pension credit

          1. 8.(1) If— (a) a pension credit derives from an occupational pension scheme, (b) the scheme...

          2. 9.If— (a) a person's shareable rights under a pension arrangement have become subject to a...

          3. 10.The Department may by regulations make provision for paragraph 1(3), 3(3) or 4(2) to have...

        9. General

          1. 11.Liability in respect of a pension credit shall be treated as discharged if the effect...

          2. 12.Liability in respect of a pension credit may not be discharged otherwise than in accordance...

          3. 13.Regulations under paragraph 5(b) or 7(3) may provide for calculation of the value of rights...

          4. 13A.The provisions of this Schedule are subject to— (a) Article 73A(3) and (6) of the...

          5. 14.In this Schedule— “funded”, in relation to an occupational pension scheme, means that the scheme...

    6. Schedule 6—Amendments

    7. Schedule 7—Amendments

    8. Schedule 8—Amendments

    9. Schedule 9—Amendments

    10. Schedule 10—Repeals

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