Search Legislation

The Transfer of State Pensions and Benefits Regulations (Northern Ireland) 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Transferable rights

2.—(1) In these Regulations, “transferable rights” means, subject to paragraph (2), any rights to relevant benefits, which, at the guarantee date, have accrued to, or in respect of, a person by virtue of—

(a)the payment by that person of Class 1, 2 or 3 contributions under the 1992 Act;

(b)that person having been credited with such contributions or with earnings; or

(c)contributions of any class paid under the National Insurance Act (Northern Ireland) 1966.

(2) Paragraph (1) does not include—

(a)any rights under—

(i)section 48 of the 1992 Act(1) (use of former spouse’s contributions), or

(ii)sections 82 to 86A of that Act(2) (adult dependency increases); or

(b)the cash equivalent of the value of the appropriate national health service allocation under section 142 of the Social Security Administration (Northern Ireland) Act 1992(3) (destination of contributions).

(3) In determining a person’s rights to relevant benefits for the purposes of this regulation, regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(4) (benefit at reduced rates for those who do not satisfy contribution conditions in full) shall have effect as if the words from “provided” to the end of the paragraph were omitted.

(1)

Section 48 was amended by paragraph 78 of Schedule 24 to the Civil Partnership Act 2004 (c. 33)

(2)

Section 82 was amended by paragraph 7 of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995, paragraph 89 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 31 of Schedule 1 to the Child Benefit Act 2005 (c. 6); section 83 was amended by paragraph 20 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)); section 84 was amended by paragraph 8 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995; section 85 was amended by paragraph 22 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, paragraphs 14(d) and 18(10) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 91 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 and paragraph 32 of Schedule 1 to the Child Benefit Act 2005; section 86 was repealed by Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; section 86A was inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(3)

Section 142 was amended by Article 4 of the Social Security (Contributions) (Northern Ireland) Order 1994 (S.I. 1994/765 (N.I. 4)), Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c. 47), Article 61(2) of, and paragraph 77 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998, paragraph 31 of Schedule 1, paragraph 45 of Schedule 3 and paragraph 11 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), paragraph 9 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30), section 5 of, and paragraph 34 of Schedule 1 and Schedule 2 to, the National Insurance Contributions Act 2002, paragraph 206 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1) and paragraph 4(3) of Schedule 1 to the National Insurance Contributions and Statutory Payments Act 2004 (c. 3)

(4)

S.R. 1979 No. 243; regulation 6(1) was substituted by regulation 2(2) of S.R. 1990 No. 452 and amended by regulation 8(3)(a) of S.R. 2001 No. 108

Back to top

Options/Help

Print Options

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

Opening Options

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

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

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