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Pensions Act (Northern Ireland) 2015

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Pensions Act (Northern Ireland) 2015, Cross Heading: Dead spouse or civil partner in old state pension system etc. is up to date with all changes known to be in force on or before 28 March 2024. 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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Changes and effects yet to be applied to Schedule 3 Crossheading Dead-spouse-or-civil-partner-in-old-state-pension-system-etc:

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

Dead spouse or civil partner in old state pension system etc.N.I.

2—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if—N.I.

(a)the marriage took place or the civil partnership was formed before 6 April 2016,

(b)the spouse or civil partner died before 6 April 2016,

(c)the pensioner was under pensionable age when the spouse or civil partner died, and

(d)the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48B(4) or (4A) or 48BB of the Contributions and Benefits Act if the words “before 6 April 2016” were omitted.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if any element of the rate attributable to the basic pension were ignored.

Commencement Information

I1Sch. 3 para. 2 in operation at 6.4.2016, see s. 53(1)(3)

3—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if—N.I.

(a)the marriage took place or the civil partnership was formed before 6 April 2016,

(b)the spouse or civil partner reached pensionable age before 6 April 2016 but died on or after that date,

(c)the pensioner was under pensionable age when the spouse or civil partner died, and

(d)the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48BB of the Contributions and Benefits Act if in subsection (3) of that section—

(i)the words “before 6 April 2016” were omitted, and

(ii)the reference to a bereavement allowance were a reference to bereavement support payment under section 29 of this Act.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if section 48BB(8) and (9) of the Contributions and Benefits Act were ignored.

Commencement Information

I2Sch. 3 para. 3 in operation at 6.4.2016, see s. 53(1)(3)

4—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if—N.I.

(a)the marriage took place or the civil partnership was formed before 6 April 2016,

(b)the spouse or civil partner reached pensionable age before 6 April 2016 but died on or after that date,

(c)the pensioner was over pensionable age when the spouse or civil partner died, and

(d)the pensioner would, when the spouse or civil partner died, have been entitled to a Category B retirement pension under section 48B(1) or (1A) of the Contributions and Benefits Act if the words “before 6 April 2016” were omitted.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the spouse or civil partner died if any element of the rate attributable to the basic pension were ignored.

Commencement Information

I3Sch. 3 para. 4 in operation at 6.4.2016, see s. 53(1)(3)

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