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Pensions Act (Northern Ireland) 2015

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This is the original version (as it was originally enacted).

Recalculation of transitional rate where circumstances change

4.  If the woman is married or in a civil partnership on reaching pensionable age but the marriage or civil partnership comes to an end (because of the death of her spouse or civil partner or otherwise)—

(a)her transitional rate is to be recalculated applying paragraph 3(2), and

(b)Schedule 2 (up-rating) applies as if the recalculated rate had been the woman’s transitional rate on the day on which she reached pensionable age.

5.—(1) If neither of paragraphs 2 and 3 applies to the woman but she subsequently comes within paragraph (a) or (b) of paragraph 2(1)—

(a)her transitional rate is to be recalculated applying paragraph 2(2), and

(b)Schedule 2 (up-rating) applies as if the recalculated rate had been the woman’s transitional rate on the day on which she reached pensionable age.

(2) But the woman’s rate is not to be recalculated under sub-paragraph (1) if it has already been recalculated under paragraph 4.

6.  Nothing in paragraph 4 or 5 affects—

(a)the amount of state pension to which a woman is entitled for periods before that paragraph applies to her, or

(b)the amount of any increase under section 17 in a case where the period for which the woman’s state pension is deferred has ended before that paragraph applies to her.

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