Explanatory Memorandum

Pensions Act (Northern Ireland) 2015

2015 CHAPTER 5

23 June 2015

Commentary on Sections

Part 1 – State Pension

Section 23: AmendmentsSchedule 12: State pension: amendments

Schedule 12 provides for a number of amendments to other legislation relating to the introduction of the new state pension.

Schedule 12, Part 1 contains amendments that are related to the new state pension scheme. For example, Schedule 12, paragraphs 16 to 18 amend the general revaluation and up-rating provisions in the Social Security Administration (Northern Ireland) Act 1992.

Part 2 contains amendments to do with the current retirement pension scheme.

The amendments limit the current retirement pension scheme to those reaching pensionable age before 6th April 2016.

The amendments also provide that, where such a person is entitled to an old state pension based on the contributions of a spouse or civil partner who is in the new state pension scheme, that retirement pension will be based only on contributions the spouse or civil partner made for the period before the new state pension scheme was introduced.

Part 2 also removes several aspects of the current scheme for those reaching pensionable age after the new state pension start date:

Part 3 of Schedule 12 provides that the savings credit element of state pension credit is only payable (from the savings credit qualifying age) to those who have reached pensionable age before the start date of the new state pension scheme.

An individual who does not meet these criteria could still qualify if he or she is a member of a mixed age couple where the other member reached pensionable age before the start date of the new state pension scheme. However, a power is given to the Department to specify the circumstances in which entitlement is restricted for these mixed age couples. For clarity, an example is given of how the power might be used in regulations.

Part 4 contains miscellaneous amendments regarding the introduction of the new state pension. These include repealing provisions in the Pensions (No. 2) Act for consolidating the additional pension which are not required as a result of the introduction of the new state pension.