The Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 2010

Prescribed maximum additional pension

2.—(1) For the purposes of section 52(3) (increase of additional pension in the Category A retirement pension for surviving spouses or surviving civil partners), the maximum additional pension shall be the amount of additional pension to which a person is entitled where that person—

(a) has reached pensionable age on the day specified in paragraph (2); and

(b) in respect of each relevant year has an earnings factor specified in paragraph (3).

(2) For the purposes of paragraph (1)(a), the day specified is the day on which the survivor would, but for section 43(1) (persons entitled to more than one retirement pension), have become entitled to both—

(a) a Category A retirement pension; and

(b) a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died,

or would have become so entitled if the survivor’s entitlement to a Category A or Category B retirement pension had not been deferred.

(3) For the purposes of paragraph (1)(b), the specified earnings factor is an earnings factor which—

(a) is equal to 53 times that year’s applicable limit, before any increase under section 130 of the Administration Act(2) (revaluation of earnings factors); and

(b) is derived from earnings on which primary Class 1 contributions were paid.

(1)

Section 43 was amended by paragraph 8 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and Article 272 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

(2)

1992 c. 8; section 130 was amended by Article 125(3) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)); see also paragraphs (4) to (6) of that Article as amended by paragraph 18 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999