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Pensions Act (Northern Ireland) 2015

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Pensions Act (Northern Ireland) 2015, SCHEDULE 16 is up to date with all changes known to be in force on or before 04 July 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 16:

  • specified provision(s) transitional provisions for effects of commencing S.I. 2017/297, art. 2 by S.R. 2017/58 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 30.

SCHEDULE 16N.I.BEREAVEMENT SUPPORT PAYMENT: AMENDMENTS

This schedule has no associated Explanatory Notes

The Forfeiture (Northern Ireland) Order 1982 (NI 14)N.I.

1  In Article 6 of the Forfeiture (Northern Ireland) Order 1982 (Commissioner to decide whether forfeiture rule applies to social security benefits), in the definition of “relevant enactment” in paragraph (5), after the entry relating to Part 1 of this Act (inserted by Schedule 12) insert— “ section 29 of that Act, ”.N.I.

Commencement Information

I1Sch. 16 para. 1 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)N.I.

2  The Contributions and Benefits Act is amended as follows.N.I.

Commencement Information

I2Sch. 16 para. 2 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

3—(1) Section 20 (descriptions of contributory benefits) is amended as follows.N.I.

(2) In subsection (1), for paragraph (ea) substitute—

(ea)widowed parent's allowance;.

(3) In subsection (2), in the definition of “long-term benefit” omit paragraph (bb).

Commencement Information

I3Sch. 16 para. 3 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

4—(1) Section 21 (contribution conditions) is amended as follows.N.I.

(2) In the table in subsection (2) omit the entries for bereavement payment and bereavement allowance.

(3) Omit subsection (4).

Commencement Information

I4Sch. 16 para. 4 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

5  In section 22 (earnings factors), in subsection (2), after paragraph (c) (inserted by Schedule 12) insertN.I.

and

(d)establishing entitlement to bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015..

Commencement Information

I5Sch. 16 para. 5 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

6—(1) Section 23A (contributions credits for relevant parents and carers) is amended as follows.N.I.

(2) In subsection (1) omit paragraph (e).

(3) In subsection (6)(b) omit “or (e)”.

Commencement Information

I6Sch. 16 para. 6 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

7  For the italic heading above section 36 substitute “ Bereavement benefits: deaths before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation ”.N.I.

Commencement Information

I7Sch. 16 para. 7 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

8  Section 36 (bereavement payment) is repealed.N.I.

Commencement Information

I8Sch. 16 para. 8 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

9  Section 36A (cases in which sections 37 to 41 apply) is repealed.N.I.

Commencement Information

I9Sch. 16 para. 9 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

10—(1) Section 37 (widowed mother's allowance) is amended as follows.N.I.

(2) Before subsection (1) insert—

(A1) This section applies only in cases where a woman's husband has died before 9 April 2001..

(3) At the end of the heading insert “ : deaths before 9 April 2001 ”.

Commencement Information

I10Sch. 16 para. 10 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

11—(1) Section 38 (widow's pension) is amended as follows.N.I.

(2) Before subsection (1) insert—

(A1) This section applies only in cases where a woman's husband has died before 9 April 2001..

(3) At the end of the heading insert “ : deaths before 9 April 2001 ”.

Commencement Information

I11Sch. 16 para. 11 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

12  In section 39A (widowed parent's allowance), for subsection (1) substitute—N.I.

(1) This section applies where—

(a)a person's spouse or civil partner has died before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation (but see subsection (1A)),

(b)the person has not married or formed a civil partnership after the death but before that day, and

(c)the person is under pensionable age on that day.

(1A) This section does not apply in cases where a woman's husband has died before 9 April 2001..

Commencement Information

I12Sch. 16 para. 12 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

13  Section 39B (bereavement allowance where no dependent children) is repealed.N.I.

Commencement Information

I13Sch. 16 para. 13 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

14—(1) Section 39C (rate of widowed parent's allowance and bereavement allowance) is amended as follows.N.I.

(2) Omit subsection (2).

(3) Omit subsection (5).

(4) In the heading omit “and bereavement allowance”.

Commencement Information

I14Sch. 16 para. 14 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

15  In section 48B (Category B retirement pension for widows and widowers), in subsection (8), for “the appointed day (as defined by section 36A(3))” substitute “ 9 April 2001 ”.N.I.

Commencement Information

I15Sch. 16 para. 15 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

16  In section 48BB (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B), in subsection (3)(a)(i), after “bereavement allowance” insert “ under section 39B (before that section was repealed) ”.N.I.

Commencement Information

I16Sch. 16 para. 16 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

17—(1) Section 60 (complete or partial failure to satisfy contribution condition) is amended as follows.N.I.

(2) In subsection (1) omit paragraph (ab).

(3) In subsection (3) omit paragraphs (a) and (bb).

Commencement Information

I17Sch. 16 para. 17 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

18—(1) Schedule 3 (contribution conditions for entitlement to benefit) is amended as follows.N.I.

(2) Omit paragraph 4 and the italic heading above it.

(3) Omit paragraphs 7 and 9.

Commencement Information

I18Sch. 16 para. 18 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

19  In Schedule 4 (rates of benefits etc.) omit Part 2.N.I.

Commencement Information

I19Sch. 16 para. 19 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)N.I.

20  The Administration Act is amended as follows.N.I.

Commencement Information

I20Sch. 16 para. 20 in operation at 9.2.2017 for specified purposes by S.R. 2017/37, art. 2(b)

I21Sch. 16 para. 20 in operation at 6.4.2017 in so far as not already in operation by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

21—(1) Section 1 (entitlement to benefit dependent on claim) is amended as follows.N.I.

(2) For subsection (2) substitute—

(2) Where under subsection (1) a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it, the person is not entitled to it in respect of any period more than 12 months before the date on which the claim is made or treated as made.

(2A) But subsection (2) does not apply—

(a)to disablement benefit or reduced earnings allowance, or

(b)in a case where a claim for the benefit is made or treated as made by virtue of section 3(2)..

(3) In subsection (4), after paragraph (zb) (inserted by Schedule 12) insert—

(zc)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I22Sch. 16 para. 21 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

22  In section 2A (claim or full entitlement to certain benefits conditional on work-focused interview), in subsection (2)(c), omit “(other than a bereavement payment)”.N.I.

Commencement Information

I23Sch. 16 para. 22 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

23—(1) Section 3 (late claims for bereavement benefit where death is difficult to establish) is amended as follows.N.I.

(2) Subsection (3) is repealed.

(3) After subsection (4) add—

(5) In subsection (2) “bereavement benefit” means—

(a)bereavement support payment, or

(b)widowed parent's allowance..

Commencement Information

I24Sch. 16 para. 23 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

24  In section 5 (regulations about claims for and payments of benefits), in subsection (2), after paragraph (zb) (inserted by Schedule 12) insert—N.I.

(zc)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I25Sch. 16 para. 24 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

25  In section 69 (overpayments - general), in subsection (11), before paragraph (b) insert—N.I.

(ae)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I26Sch. 16 para. 25 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

26  In section 115CA (interpretation of Part 6), in subsection (1), after paragraph (hl) (inserted by Schedule 12) insert—N.I.

(hm)Part 5 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I27Sch. 16 para. 26 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

27  In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “, Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ , section 29 of that Act ”.N.I.

Commencement Information

I28Sch. 16 para. 27 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

28  In section 118 (regulations as to notification of deaths), in subsection (1), after “, Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ , section 29 of that Act ”.N.I.

Commencement Information

I29Sch. 16 para. 28 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

29—(1) Section 143 (general financial arrangements) is amended as follows.N.I.

(2) In subsection (1), after paragraph (za) (inserted by Schedule 12) insert—

(zb)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

(3) In subsection (2)(a), after “, Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ , section 29 of that Act ”.

(4) In subsection (3)(b), after “or Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ or section 29 of that Act ”.

Commencement Information

I30Sch. 16 para. 29 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

30  In section 149 (Social Security Advisory Committee), in subsection (5) in the definition of “the relevant enactments”, after paragraph (am) (inserted by Schedule 12) insert—N.I.

(an)section 29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I31Sch. 16 para. 30 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

31—(1) Section 155 (reciprocal agreements) is amended as follows.N.I.

(2) In subsection (3)(a), after “Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ , Part 5 of that Act ”.

(3) In subsection (4), after paragraph (ag) (inserted by Schedule 12) insert—

(ah)to Part 5 of the Pensions Act (Northern Ireland) 2015;.

(4) In subsection (5)—

(a)after “Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ or section 29 of that Act ”;

(b)after paragraph (ad) (inserted by Schedule 12) insert—

(ae)bereavement support payment;.

Commencement Information

I32Sch. 16 para. 31 in operation at 9.2.2017 by S.R. 2017/37, art. 2(c)

32  In section 163 (inalienability), in subsection (1), before paragraph (b) insert—N.I.

(ae)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I33Sch. 16 para. 32 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

33  In section 167(1) (interpretation), in the definition of “benefit”, at the end add “ and bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 ”.N.I.

Commencement Information

I34Sch. 16 para. 33 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Social Security (Northern Ireland) Order 1993 (NI 2)N.I.

34  In Article 4 of the Social Security (Northern Ireland) Order 1993 (payments into National Insurance Fund out of appropriated money) in paragraph (1) in the definition of “estimated benefits expenditure”, after “(za),” (inserted by Schedule 12) insert “ (zb), ”.N.I.

Commencement Information

I35Sch. 16 para. 34 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Social Security (Northern Ireland) Order 1998 (NI 10)N.I.

35  The Social Security (Northern Ireland) Order 1998 is amended as follows.N.I.

Commencement Information

I36Sch. 16 para. 35 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

36  In Article 4 (use of computers), in paragraph (2), after sub-paragraph (m) (inserted by Schedule 12) insertN.I.

or

(n)section29 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I37Sch. 16 para. 36 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

37—(1) Article 9 (decisions by Department) is amended as follows.N.I.

(2) In paragraph (3), after sub-paragraph (ab) (inserted by Schedule 12) insert—

(ac)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;.

(3) In paragraph (4), after “Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ or section 29 of that Act ”.

Commencement Information

I38Sch. 16 para. 37 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

38  In Article 12 (regulations with respect to decisions), in paragraph (3), in the definition of “the current legislation”, after “Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ and section 29 of that Act ”.N.I.

Commencement Information

I39Sch. 16 para. 38 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

39  In Article 27 (restrictions on entitlement in cases of error), in paragraph (7), in the definition of “benefit”—N.I.

(a)before paragraph (e) insert—

(dg)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;;

(b)for paragraph (e) substitute—

(e)any benefit corresponding to a benefit mentioned in any of the foregoing paragraphs of this definition; and.

Commencement Information

I40Sch. 16 para. 39 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

40  In Article 28 (correction of errors in decisions etc.), in paragraph (3)(j), after “Part 1 of the Pensions Act (Northern Ireland) 2015” (inserted by Schedule 12) insert “ or section 29 of that Act ”.N.I.

Commencement Information

I41Sch. 16 para. 40 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)N.I.

41  The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.N.I.

Commencement Information

I42Sch. 16 para. 41 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

42  In section 5A (definitions), in the definition of “disqualifying benefit”, before paragraph (d) insert—N.I.

(cb)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 or under section 30 of the Pensions Act 2014;.

Commencement Information

I43Sch. 16 para. 42 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

43  In section 5A (definitions), in the definition of “sanctionable benefit”—N.I.

(a)at the end of paragraph (c), omit “or”;

(b)after paragraph (c) insert—

(ca)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015; or.

Commencement Information

I44Sch. 16 para. 43 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

44  In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bf) (inserted by Schedule 12) insert—N.I.

(bg)bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 or under section 30 of the Pensions Act 2014;.

Commencement Information

I45Sch. 16 para. 44 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

The Income Tax (Earnings and Pensions) Act 2003 (c. 1)N.I.

45  The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.N.I.

Commencement Information

I46Sch. 16 para. 45 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

46  In section 660 (taxable benefits: UK benefits - Table A), in the table in subsection (1), in the entry relating to bereavement allowance, omit the words “SSCB(NI)A 1992 Section 39B” (in the second column).N.I.

Commencement Information

I47Sch. 16 para. 46 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

47  In section 677 (UK social security benefits wholly exempt from tax), in Part 1 of Table B in subsection (1), in the entry relating to bereavement payments, omit the words “SSCB(NI)A 1992 Section 36” (in the second column).N.I.

Commencement Information

I48Sch. 16 para. 47 in operation at 6.4.2017 by S.R. 2017/44, art. 2(2) (with arts. 3, 4)

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