Search Legislation

The Pensions (Northern Ireland) Order 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART VIII

 Help about opening options

Alternative versions:

Changes to legislation:

The Pensions (Northern Ireland) Order 2005, PART VIII is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

PART VIIIN.I.STATE PENSIONS

Entitlement to more than one pensionN.I.

Persons entitled to more than one Category B retirement pensionN.I.

272.  In section 43(3) of the Contributions and Benefits Act (persons entitled to more than one retirement pension)—

(a)for paragraph (a) substitute—

(a)to both a Category A retirement pension and one or more Category B retirement pensions under this Part for the same period,

(aa)to more than one Category B retirement pension (but not a Category A retirement pension) under this Part for the same period, or , and

(b)for the words from “paragraph (a)” to “above” substitute “ paragraph (a), (aa) or (b) (as the case may be) ”.

Deferral of state pensionN.I.

Deferral of retirement pensions and shared additional pensionsN.I.

273.—(1) For section 55 of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred) substitute—

55.    Pension increase or lump sum where entitlement to retirement pension is deferred

(1) Where a person's entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

(2) In that Schedule—

  • paragraph A1 makes provision enabling an election to be made where the pensioner's entitlement is deferred

  • paragraphs 1 to 3 make provision about increasing pension where the pensioner's entitlement is deferred

  • paragraphs 3A and 3B make provision about lump sum payments where the pensioner's entitlement is deferred

  • paragraph 3C makes provision enabling an election to be made where the pensioner's deceased spouse has deferred entitlement

  • paragraphs 4 to 7 make provision about increasing pension where the pensioner's deceased spouse has deferred entitlement

  • paragraphs 7A and 7B make provision about lump sum payments where the pensioner's deceased spouse has deferred entitlement

  • paragraphs 7C to 9 make supplementary provision.

(3) For the purposes of this Act a person's entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

(a)does not become entitled to that pension by reason only—

(i)of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

(ii)in the case of a Category B retirement pension payable by virtue of a spouse's contributions, of the spouse not satisfying those conditions with respect to his Category A retirement pension, or

(b)in consequence of an election under section 54(1) above, falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly. .

(2) For section 55C of that Act (increase of shared additional pension where entitlement is deferred) substitute—

55C.    Pension increase or lump sum where entitlement to shared additional pension is deferred

(1) Where a person's entitlement to a shared additional pension is deferred, Schedule 5A to this Act has effect.

(2) In that Schedule—

  • paragraph 1 makes provision enabling an election to be made where the person's entitlement is deferred

  • paragraphs 2 and 3 make provision about increasing pension where the person's entitlement is deferred

  • paragraphs 4 and 5 make provision about lump sum payments where the person's entitlement is deferred.

(3) For the purposes of this Act, a person's entitlement to a shared additional pension is deferred—

(a)where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred, if and so long as his entitlement to such a pension is deferred, and

(b)otherwise, if and so long as he does not become entitled to the shared additional pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim),

and, in relation to a shared additional pension, “period of deferment” shall be construed accordingly. .

(3) In paragraph 6 of Schedule 2 to the 1995 Order (which, with effect from 6th April 2010, amends the existing law regarding the deferment of pensions), for sub-paragraph (5) (commencement) substitute—

(5) The preceding sub-paragraphs shall come into operation as follows—

(a)sub-paragraphs (1) and (4) shall come into operation on 6th April 2005;

(b)sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Contributions and Benefits Act) beginning on or after that date. .

Para. 4— Amendments

MiscellaneousN.I.

Disclosure of state pension informationN.I.

274.—(1) Section 38 of the 2000 Act (disclosure of state pension information) is amended as follows.

(2) In subsection (2), for the words from the beginning to “information”, substitute “ The Department may, in the prescribed manner, disclose or authorise the disclosure of any information ”.

(3) After subsection (3) insert—

(3A) For the purposes of this section and of any regulations made under it, anything done by or in relation to a person who—

(a)provides, or proposes to provide, relevant services to a person falling within subsection (3) ( “the qualifying person”), and

(b)is authorised in writing by the qualifying person to act for the purposes of this section,

is treated as done by or in relation to the qualifying person.

In paragraph (a) “relevant services” means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant. .

(4) In subsection (7)—

(a)omit the word “and” at the end of paragraph (c), and

(b)after paragraph (d) add—

and

(e)a projection of the amount of any lump sum to which that individual is likely to become entitled, or might become entitled in particular circumstances. .

(5) In subsection (11)—

(a)for the definitions of “basic retirement pension” and “additional retirement pension”, substitute—

“additional retirement pension” means any additional pension or shared additional pension under the Contributions and Benefits Act, or any graduated retirement benefit under sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966;

“basic retirement pension” means any basic pension under the Contributions and Benefits Act; ,

(b)after the definition of “employer”, insert—

“lump sum” means a lump sum under Schedule 5 or 5A to the Contributions and Benefits Act; , and

(c)for the definitions of “trustee” and “manager”, substitute—

“trustee or manager”, in relation to an occupational or personal pension scheme, means—

(a)in the case of a scheme established under a trust, the trustee or trustees of the scheme, and

(b)in any other case, the person or persons responsible for the management of the scheme. .

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order without Schedules as a PDF

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources