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The Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001 and shall come into operation on 6th October 2002.

(2) In these Regulations—

“additional pension” means an additional pension derived from contributions or earnings factors in any tax year beginning after 5th April 1978 and ending before 6th April 2002;

“pensionable age” has the meaning given by the rules in Part I of Schedule 2 to the Pensions (Northern Ireland) Order 1995(1);

“widowed parent’s allowance” means an allowance referred to in section 39A(2) of the Contributions and Benefits Act.

Modification of Part II of the Contributions and Benefits Act

2.—(1) Where, on or after 6th October 2002, a person becomes widowed and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower then, provided that the deceased spouse of that person attained pensionable age before 6th October 2002, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to that person under that provision shall be increased by 100 per cent.

(2) Where, on or after 6th October 2002, a person becomes a person of a description specified in column 1 of the Schedule and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to a person of that description under that provision shall be increased by the percentage specified in column 2 of the Schedule.

(3) The provisions of Part II of the Contributions and Benefits Act referred to in paragraphs (1) and (2) are—

(a)section 39C(3) (rate of widowed parent’s allowance and bereavement allowance) except in so far as that section relates to the rate of a bereavement allowance(4);

(b)section 48A(5) (Category B retirement pension for married person);

(c)section 48B(6) (Category B retirement pension for widows and widowers);

(d)section 48BB(7) (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B);

(e)section 51(8) (Category B retirement pension for widowers), and

(f)paragraphs 4 to 7(9) of Schedule 5 (increase of pension where pensioner’s deceased spouse has deferred entitlement).

Sealed with the Official Seal of the Department for Social Development on 31st December 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

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