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Pensions Act (Northern Ireland) 2012

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This is the original version (as it was originally enacted).

Part 1State Pension

Equalisation of and increase in pensionable age for men and women

1.—(1) In Schedule 2 to the Pensions (Northern Ireland) Order 1995 (equalisation of and increase in pensionable age for men and women) paragraph 1 is amended as follows.

(2) In sub-paragraph (1) for “6th April 1959” substitute “6th December 1953”.

(3) Omit sub-paragraph (4).

(4) In table 1 for the entries (in both columns) relating to each of the periods from “6th April 1953 to 5th May 1953” to “6th March 1955 to 5th April 1955” substitute—

6th April 1953 to 5th May 19536th July 2016
6th May 1953 to 5th June 19536th November 2016
6th June 1953 to 5th July 19536th March 2017
6th July 1953 to 5th August 19536th July 2017
6th August 1953 to 5th September 19536th November 2017
6th September 1953 to 5th October 19536th March 2018
6th October 1953 to 5th November 1953 6th July 2018
6th November 1953 to 5th December 19536th November 2018.

(5) For table 2 substitute—

TABLE 2

(1)(2)
Period within which birthday fallsDay pensionable age attained
6th December 1953 to 5th January 19546th March 2019
6th January 1954 to 5th February 19546th May 2019
6th February 1954 to 5th March 19546th July 2019
6th March 1954 to 5th April 19546th September 2019
6th April 1954 to 5th May 19546th November 2019
6th May 1954 to 5th June 19546th January 2020
6th June 1954 to 5th July 19546th March 2020
6th July 1954 to 5th August 19546th May 2020
6th August 1954 to 5th September 19546th July 2020
6th September 1954 to 5th October 1954 6th September 2020.

(6) In sub-paragraph (7) for “5th April 1960” substitute “5th October 1954”.

(7) Schedule 1 (equalisation of and increase in pensionable age for men and

women: consequential amendments) has effect.

Duty to report on the impact of socio-economic background (including health indicators) in relation to retirement pension

2.  The Department for Social Development shall, within two years of the date on which this Act receives Royal Assent, lay a report before the Assembly on the impact of socio-economic background (including health indicators) in relation to retirement pension.

Abolition of certain additions to the state pension

3.—(1) In section 132 of the Social Security Administration (Northern Ireland) Act 1992 (annual up-rating of benefits)—

(a)in subsection (3)(a) for “person who is also entitled to a Category A or Category B retirement pension” substitute “relevant person”;

(b)after subsection (3) insert—

(3ZA) In subsection (3)(a) “relevant person” means a person—

(a)who became entitled to a Category A or Category B retirement pension before the day on which section 3(1) of the Pensions Act (Northern Ireland) 2012 comes into operation, and

(b)to whom sums became payable by virtue of section 11(1) of the Pensions Act (including sums payable by virtue of section 13(2) of that Act) before that day.

(3ZB) In subsection (3ZA)—

(a)a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;

(b)a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day..

(2) In that section after subsection (3A) insert—

(3B) Subsection (3A) does not have effect unless—

(a)the member became entitled to a Category A or Category B retirement pension before the day on which section 3(2) of the Pensions Act (Northern Ireland) 2012 comes into operation, and

(b)the member’s postponed pension under the scheme became payable before that day.

(3C) In subsection (3B)—

(a)a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;

(b)a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day..

(3) In that section omit subsection (5).

(4) The repeal made by subsection (3) does not affect the application of section 132(5) of that Act in relation to a person who became entitled to a Category A or Category B retirement pension before the day on which subsection (3) comes into operation.

(5) In Schedule 5 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (pension increase or lump sum where entitlement to retirement pension is deferred) omit paragraphs 5, 5A, 6, 6A and 7.

(6) Schedule 2 (repeals and amendments consequential on subsection (5)) has effect.

(7) The repeals made by subsection (5) do not affect the application of paragraphs 5 to 6A of Schedule 5 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in a case where—

(a)W became entitled to a Category A or Category B retirement pension before the day on which subsection (5) comes into operation, and

(b)S died before that day;

(and section 132 of the Social Security Administration (Northern Ireland) Act 1992 continues to apply accordingly).

(8) The statutory provisions amended by Schedule 2 have effect in relation to such a case as if the repeals and amendments made by that Schedule (apart from the amendments made by paragraph 3(7) and (8)) had not been made.

(9) In subsection (7) “W” and “S” have the same meaning as in paragraph 5 of Schedule 5 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(10) In this section a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.

Consolidation of additional pension

4.  Schedule 3 (consolidation of additional pension) has effect.

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