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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Deferred entitlement to retirement pension

3.—(1) In Schedule 1 to the Pensions Order (deferred retirement), for the words from the beginning of the Schedule to “age” in paragraph 1 substitute the following—

SCHEDULE 1INCREASE OF PENSION WHERE ENTITLEMENT IS DEFERRED

Increase of pension where pensioner’s entitlement is deferred

1.  Where a person’s entitlement to a Category A or Category B retirement pension is deferred.

(2) In paragraph 2 of that Schedule, in sub-paragraph (1), for “period of deferment” substitute “period of enhancement”.

(3) For sub-paragraph (2) of that paragraph (definitions) substitute the following sub-paragraph—

(2) In this Schedule—

“incremental period” means any period of six days which are treated by regulations as days of increment for the purposes of this Schedule in relation to the person and the pension in question; and

“the period of enhancement”, in relation to that person and that pension, means the period which—

(a)

begins on the same day as the period of deferment in question; and

(b)

ends on the same day as that period or, if earlier, on the day before the fifth anniversary of the beginning of that period..

(4) In sub-paragraph (3) of that paragraph, for “if he had retired on attaining pensionable age” substitute “if his entitlement had not been deferred”.

(5) In sub-paragraph (5) of that paragraph, for “period of deferment” in both places where it occurs substitute “period of enhancement”.

(6) In sub-paragraph (6) of that paragraph, for “if he had retired from regular employment” substitute “if his entitlement had not been deferred”.

(7) In paragraph 3 of that Schedule—

(a)for “period of deferment” substitute “period of enhancement”; and

(b)for “if he had retired from regular employment” substitute “if his entitlement to the pension had commenced”.

(8) In the cross-heading preceding paragraph 4 of that Schedule, for “deferred retirement” substitute “deferred entitlement”; and in that paragraph—

(a)in sub-paragraph (1)(b)(ii) for “if he had retired on the date of” substitute “if his period of deferment had ended on the day before”; and

(b)in sub-paragraph (2)(c)(ii) for “if she had retired on the date of” substitute “if her period of deferment had ended on the day before”.

(9) In paragraph 5 of that Schedule (married women), for sub-paragraphs (1) and (2) substitute the following sub-paragraphs—

(1) For the purposes of paragraphs 1 to 3 in their application to a Category B retirement pension to which a married woman is entitled by virtue of her husband’s contributions, a married woman who would have become entitled to such a pension on an earlier day if her husband’s entitlement to his Category A retirement pension had not been deferred shall be treated as having (in addition to any other period of enhancement) a period of enhancement which begins on that earlier day and ends on the same day as her husband’s period of enhancement.

(2) The reference in sub-paragraph (1) to the day on which the woman’s husband’s period of enhancement ends shall, where the marriage is terminated before that day, be construed as a reference to the day on which the marriage is terminated..

(10) In sub-paragraph (3) of that paragraph—

(a)for “if he had retired on attaining pensionable age” substitute “if his entitlement had not been deferred”; and

(b)for “if she and her husband had so retired” substitute “if neither her nor her husband’s entitlement to a retirement pension had been deferred”.

(11) In Schedule 17 to the principal Act (glossary of expressions) insert the following at the appropriate places—

“Deferred” and “period of deferment” (in relation to entitlement to a Category A or Category B retirement pension).See Article 14 of the Pensions Order.
“Period of deferment” (in relation to a Category A or Category B retirement pension).See “deferred” and “period of deferment” above..

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