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The State Pension Regulations (Northern Ireland) 2015

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Days which are not included in determining the period of deferral

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11.—(1) In the circumstances set out in paragraph (2), a day does not count in determining a number of whole weeks for the purposes of section 17(3) of the Act.

(2) The circumstances mentioned in paragraph (1) are where the day is—

(a)a day on which the person whose entitlement to a state pension under Part 1 of the Act is deferred has received any of the following benefits—

(i)an unemployability supplement within the meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) (interpretation);

(ii)incapacity benefit under section 30A of the Contributions and Benefits Act(2) (incapacity benefit: entitlement);

(iii)a widowed mother’s allowance under section 37 of the Contributions and Benefits Act(3) (widowed mother’s allowance);

(iv)a widow’s pension under section 39 of the Contributions and Benefits Act(4) (rate of widowed mother’s allowance and widow’s pension);

(v)severe disablement allowance under section 68 of the Contributions and Benefits Act(5) (entitlement and rate of severe disablement allowance);

(vi)a carer’s allowance under section 70 of the Contributions and Benefits Act(6) (carer’s allowance);

(vii)income support under section 123 of the Contributions and Benefits Act(7) (income support);

(viii)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002(8) (entitlement);

(ix)an income-based jobseeker’s allowance within the meaning in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995(9) (the jobseeker’s allowance);

(x)an income-related employment and support allowance (which means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007(10) (employment and support allowance);

(b)a day on which a person—

(i)has received an increase of any of the benefits mentioned in sub-paragraph (a) in respect of the person whose entitlement to a state pension under Part 1 of the Act is deferred; and

(ii)is married to, in a civil partnership with or residing with the person whose entitlement to a state pension under Part 1 of the 2015 Act is deferred; or

(c)a day on which the person (“P”) whose entitlement to a state pension under Part 1 of the Act is deferred would not, if P’s entitlement were not deferred, be paid that state pension because P was a prisoner (see section 19 of the Act (prisoners) and regulations 2 and 3).

(1)

S.R. 1979 No. 242, to which there are amendments not relevant to these Regulations

(2)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004 and is modified by S.I. 2003/735

(3)

Section 37 was amended by paragraph 28 of Schedule 1 to the Child Benefit Act 2005 (c. 6), Schedule 8 to, the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 72(2) and (3) of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004

(4)

Section 39 was amended by paragraph 7 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 39 of Schedule 3 to the Tax Credits Act 2002 (c. 21), paragraph 3(a) of Schedule 2 and Schedule 6 to the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.)) and section 6(1) of and paragraph 3 of Schedule 3 to, the Pensions (No. 2) Act (Northern Ireland 2008 (c. 13 (N.I.))

(5)

Section 68 was repealed by Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (but has effect by virtue of Article 4 of S.R. 2000 No. 332 (C. 14))

(6)

Section 70 was amended by regulation 2(3)(c) of S.R No 1994 No. 370, Articles 2(2) and 3(2) and (3) of S.R. 2002 No. 321, regulation 2(3) of S.R. 2011 No. 356 and Article 2(2) of S.I. 2013/3233

(7)

Section 123 was amended by paragraph 13 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), paragraph 26 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 2 of Schedule 2 and Schedule 3 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 96 of Schedule 24 to the Civil Partnership Act 2004, paragraph 3(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007, section 3(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and section 3(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13(N.I.))

(9)

S.I. 1995/2705 (N.I. 15); the definition of “an income-based jobseeker’s allowance” was amended by paragraph 3(4)(a) of Schedule.7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

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