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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

5.—(1) In Article 45 (which relates to the premium on termination of contracted-out employment), after paragraph (1A) insert the following paragraphs—

(1B) Where the amount of a person’s earnings for any period (whether before or after the making of this Order) is relevant for any purpose of paragraph (1) or (1A) and the Department is satisfied that records of those earnings have not been maintained or retained or are otherwise unobtainable, the Department may for that purpose—

(a)compute, in such manner as it thinks fit, an amount which shall be regarded as the amount of those earnings; or

(b)take their amount to be such sum as it may specify in the particular case.

(1C) Where—

(a)the Department subsequently ascertains the amount of those earnings; and

(b)it appears to the Department that the amount of the premium would have been different if it had not made the calculation on the basis described in paragraph (1A),

the Department shall refund to the prescribed person the amount by which it would have been less or, as the case may be, the prescribed person shall pay to the Department the amount by which it would have been more..

(2) At the beginning of paragraph (2A) (meaning of “linked qualifying service”) insert “Subject to paragraphs (2B) and (2C)” and after that paragraph insert the following paragraphs—

(2B) Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service.

(2C) As respects any case where the rules of a scheme provide—

(a)that an earner is not entitled to become a member unless he satisfies specified conditions; but

(b)that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions,

regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service..

(3) In Article 2(2) (interpretation), in the definition of “linked qualifying service” for “Article 45(2A)” substitute “Article 45(2A) to (2C)”.

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