The Pensions (2015 Act) (Transitional and Transitory Provisions) Order (Northern Ireland) 2016

Citation, commencement and cessation

1.—(1) This Order may be cited as the Pensions (2015 Act) (Transitional and Transitory Provisions) Order (Northern Ireland) 2016 and shall come into operation on 6th April 2016.

(2) Article 2 ceases to have effect on the day on which section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) comes fully into operation.

Transitory provision

2.  Section 36(1)(a) of the Contributions and Benefits Act(1) (bereavement payment) is to be read as if after “under section 44 below” the words “or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015” appear.

Transitional provisions

3.—(1) This Article applies to a case in which the spouse or civil partner mentioned in paragraph 3(1) of Schedule 3 to the Pensions Act (Northern Ireland) 2015 (survivor’s pension: inherited amount where dead spouse or civil partner was in the old state pension) died—

(a) on or after 6th April 2016; but

(b) before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes fully into operation.

(2) In a case to which this Article applies—

(a) paragraph 3(1)(d) of Schedule 3 to the Pensions Act (Northern Ireland) 2015 is to be read as if it provides—

“(d) the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48BB of the Contributions and Benefits Act(2) if in subsections (1) and (3) of that section the words “before 6 April 2016” were omitted.”; and

(b) paragraph 3(2) of that Schedule is to be read as if it provides—

“(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if any element of the rate attributable to the basic pension were ignored.”.

Sealed with the Official Seal of the Department for Social Development on 24th March 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development