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The Social Security (Northern Ireland) Order 1990

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This is the original version (as it was originally made).

Computation of additional pension for purposes of invalidity pension, etc.

6.—(1) In Article 16 of the Pensions Order (which provides for the rate of an invalidity pension under section 15 of the principal Act to be calculated in accordance with Article 8 of the Pensions Order, in similar manner to a Category A retirement pension, but with modifications), for the words from “taking the reference” onwards there shall be substituted the words

but with the substitution for paragraph (6) of that Article of the following paragraph—

(6) In the application of this Article for the purpose of determining the weekly rate of a person’s invalidity pension for any period of interruption of employment—

(a)“relevant year” means any tax year, being neither earlier than the tax year 1978—79 nor later than the tax year 1990—91, in the period which—

(i)begins with the tax year in which the invalidity pensioner attained the age of 16; and

(ii)ends with the tax year immediately preceding the tax year which includes or included the first day of entitlement to the pension in respect of that period of interruption of employment; and

(b)“final relevant year” means the last tax year which is a relevant year in relation to the invalidity pensioner...

(2) In Article 17 of the Pensions Order, in paragraph (4) (determination of weekly rate of widow’s invalidity pension by reference to notional rates of widow’s pension), after sub-paragraph (b) there shall be added the words—

but, in calculating the weekly rate of a widow’s pension for the purposes of sub-paragraph (a), or the weekly rate of a widow’s pension without reduction, for the purposes of sub-paragraph (b), any additional pension by virtue of Article 8 as it applies for the purposes of Article 15 shall be determined without reference to any surpluses in her late husband’s earnings factors for tax years after 1990—91.

(3) In Article 18 of that Order (invalidity pension for widowers), for paragraph (4) there shall be substituted the following paragraph—

(4) The weekly rate mentioned in sub-paragraph (b) of paragraph (3) is a rate determined in the manner specified in Article 8 for a Category A retirement pension, but with the modifications that—

(a)where the man’s wife was over pensionable age when she died, references in that Article to the pensioner shall be taken as references to the wife;

(b)where the man’s wife was under pensionable age when she died, references in that Article to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the wife and the tax year in which she died; and

(c)any additional pension shall be determined without reference to any surpluses in her earnings factors for tax years after 1990—91..

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