Rectification of mistakes in up-rating orders
19.—(1) After Article 64 of the 1986 Order (up-rating of certain sums) there shall be inserted the following Article—
“Rectification of mistakes in orders under Article 64
64A. Whenever the Secretary of State makes an order under section 63A (rectification of mistakes) of the Social Security Act 1986(1) the Department may make a corresponding order for Northern Ireland.”.
(2) In the 1986 Order—
(a)in paragraph (1)(b) of Article 65 (effect of alteration of rates of benefit), after the words “Article 64” there shall be inserted the words “or 64A”;
(b)in paragraph (3) of Article 81 (orders and regulations), after sub-paragraph (c) there shall be inserted the following sub-paragraph—
“(cc)an order under Article 64A;”.
(3) In section 59B of the principal Act (retirement allowance) after subsection (5) there shall be inserted the following subsection—
“(5A) For the purpose of determining under subsection (5) above the weekly rate of retirement allowance in the case of a beneficiary who—
(a)retires or is deemed to have retired on 10th April 1989, and
(b)on 9th April 1989 was entitled to reduced earnings allowance at a rate which was restricted under section 59A(8) above by reference to 40 per cent. of the maximum rate of disablement pension,
it shall be assumed that the weekly rate of reduced earnings allowance to which he was entitled on 9th April 1989 was £26.96.”.
(4) Article 4 of the Social Security (Northern Ireland) Order 1988(2) (certain persons to be entitled to reduced earnings allowance after introduction of retirement allowance etc.) shall have effect with the amendments specified in paragraphs (5) and (6).
(5) After paragraph (4) there shall be inserted the following paragraphs—
“(4A) For the purpose of determining under paragraph (4) the weekly rate of reduced earnings allowance payable in the case of a qualifying beneficiary, it shall be assumed that the weekly rate at which the allowance was payable to him on the relevant date was—
(a)£25.84, where that date is 10th April 1988, or
(b)£26.96, where that date is 9th April 1989.
(4B) In paragraph (4A) “qualifying beneficiary” means a person entitled to reduced earnings allowance by virtue of paragraph (3) who—
(a)did not attain pensionable age before 6th April 1987, or
(b)did not retire from regular employment before that date,
and who, on the relevant date, was entitled to the allowance at a rate which was restricted under section 59A(8) of the principal Act by reference to 40 per cent. of the maximum rate of disablement pension.”.
(6) In paragraph (6) (relevant date for persons entitled to the allowance by virtue of paragraph (3)(b)) after the words “by virtue” there shall be inserted the word “only”.
(7) Paragraphs (3) to (6) shall be deemed to have come into operation on 10th April 1989.