The Social Security (State Pension and National Insurance Credits) Regulations (Northern Ireland) 2010

Amendment of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations

4.—(1) The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2001(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Pensions Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007(2);”; and

(b) in the definition of “contracted-out employment”, after “means” insert “, subject to regulation 3(5),”.

(3) In regulation 2 (calculation of additional pension where contributions equivalent premium paid or treated as paid)—

(a) after “section 45(2)(c)” insert “or (d)(3)”; and

(b) after “Schedule 4A” insert “or, as the case may be, Parts 1 and 2 of Schedule 4B(4)”.

(4) In regulation 3 (calculation of additional pension: earnings partly from employment with contracted-out scheme membership)—

(a) in paragraph (2) after “Schedule 4A” insert “or, as the case may be, in paragraph 1(1) of Schedule 4B”;

(b) in paragraph (3) after “Schedule 4A” insert “or, as the case may be, paragraphs 8 and 9 of Schedule 4B”;

(c) in paragraph (4)(d) after “Schedule 4A” insert “or, as the case may be, in paragraph 10(1)(c) of Schedule 4B”; and

(d) after paragraph (4) add—

“(5) In so far as paragraphs (1) to (4) apply in respect of the calculation of additional pension under Schedule 4B to the Contributions and Benefits Act, the definition of “contracted-out employment” in regulation 1(2) has effect as if from “or a money purchase contracted-out scheme” to the end were omitted.”.

(5) After regulation 5 insert—

“Earnings factor credits eligibility for pensioners to whom employment and support allowance was payable

5A.— (1) For the purposes of section 44C(3) of the Contributions and Benefits Act(5) (earnings factor credits), a pensioner is eligible for earnings factor enhancement in respect of a week if that pensioner satisfies one or more of the conditions in paragraph (2) and was—

(a) a person to whom employment and support allowance was payable for any part of that week;

(b) a person to whom that allowance would have been payable but for the fact that the person did not satisfy the contribution condition in paragraph 1 or 2 of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance); or

(c) a person to whom that allowance would have been payable but for the fact that under regulations the amount was reduced to nil because of—

(i) receipt of other benefits, or

(ii) receipt of payments from an occupational pension scheme or personal pension scheme.

(2) The conditions are—

(a) immediately prior to that week, employment and support allowance was payable or would have been payable for—

(i) a continuous period of 52 weeks, or

(ii) a period of 52 weeks treated as continuous by virtue of regulations made under paragraph 4 of Schedule 2 to the Welfare Reform Act (linking periods);

(b) that allowance included or would have included the support component under section 2(2) of the Welfare Reform Act (amount of contributory allowance); or

(c) immediately prior to that week, in the case of—

(i) a man born in the period beginning with and including 6th April 1946 and ending on 5th April 1947, or

(ii) a woman born in the period beginning with and including 6th October 1950 and ending on 5th April 1951,

that allowance was payable or would have been payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.

(3) In this regulation, “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (employment and support allowance).”.

(1)

S.R. 2001 No. 440

(2)

2007 c. 2 (N.I.)

(3)

Paragraph (d) was inserted by section 9(2) of the Pensions Act (Northern Ireland) 2008

(4)

Schedule 4B was inserted by Schedule 2 of the Pensions Act (Northern Ireland) 2008

(5)

Section 44C was inserted by section 7 of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))