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- Point in Time (06/04/2017)
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Version Superseded: 06/04/2018
Point in time view as at 06/04/2017.
Pensions (No. 2) Act (Northern Ireland) 2008, Cross Heading: Qualifying earnings and earnings trigger is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1S. 13 crossheading substituted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 9(2), 34(3); S.R. 2012/233, art. 2(2)(d)
13—(1) A person's qualifying earnings in a pay reference period of 12 months are the part (if any) of the gross earnings payable to that person in that period that is—
(a)more than [F2£5,876,] and
(b)not more than [F3£45,000 ].
(2) In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amounts in paragraphs (a) and (b) were proportionately less or more.
(3) In this section, “earnings”, in relation to a person, means sums of any of the following descriptions that are payable to the person in connection with the person's employment—
(a)salary, wages, commission, bonuses and overtime;
(b)statutory sick pay under Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (in this Act referred to as “the Contributions and Benefits Act”);
(c)statutory maternity pay under Part 12 of that Act;
(d)[F4statutory paternity pay ] under Part 12ZA of that Act;
(e)statutory adoption pay under Part 12ZB of that Act;
[F5(ea)statutory shared parental pay under Part 12ZC of that Act;]
(f)sums prescribed for the purposes of this section.
Textual Amendments
F2Sum in s. 13(1)(a) substituted (6.4.2017) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2017 (S.R. 2017/54), arts. 1(1), 2(a)
F3Sum ins. 13(1)(b) substituted (6.4.2017) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2017 (S.R. 2017/54), arts. 1(1), 2(b)
F4Words in s. 13(3)(d) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 8(a); S.R. 2015/86, art. 4(2)(g) (with art. 7(2))
F5S. 13(3)(ea) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 8(b); S.R. 2015/86, art. 3(2)(h)
Commencement Information
I1S. 13 partly in force; s. 13 in force for certain purposes at Royal Assent see s. 118(2)
I2S. 13 in operation at 30.6.2012 in so far as not already in operation by S.R. 2012/266, art. 2, Sch. Pt. 1
14 Whenever the Secretary of State makes an order under section 14 of the Pensions Act 2008 (c. 30) (review of [F7earnings trigger and] qualifying earnings band), the Department may make a corresponding order for Northern Ireland.
Textual Amendments
F6Words in s. 14 heading inserted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 9(1), 34(3); S.R. 2012/233, art. 2(2)(d)
F7Words in s. 14 inserted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 9(1), 34(3); S.R. 2012/233, art. 2(2)(d)
Commencement Information
I3S. 14 partly in force; s. 14 in force for certain purposes at Royal Assent see s. 118(2)
I4S. 14 in operation at 8.6.2012 in so far as not already in operation by S.R. 2012/236, art. 2(a)
15—(1) In relation to any person a pay reference period is the period prescribed.
(2) The Department may by regulations—
(a)make provision for determining a person's earnings in any pay reference period;
(b)make provision for determining the first date of each pay reference period in relation to a person.
(3) A reference in any provision to the relevant pay reference period is a reference to the period determined in accordance with regulations under this section, as they apply for the purposes of that provision in the case concerned.
Commencement Information
I5S. 15 partly in force; s. 15 in force for certain purposes at Royal Assent see s. 118(2)
I6S. 15 in operation at 30.6.2012 in so far as not already in operation by S.R. 2012/266, art. 2, Sch. Pt. 1
15A—(1) Whenever the Secretary of State makes an order under section 15A of the Pensions Act 2008 specifying rounded figures for the purposes of section 3(6B), 5(7B) or 13(2) of that Act, the Department may make an order specifying corresponding rounded figures for the purposes of section 3(6B), 5(7B) or 13(2) of this Act.
(2) A rounded figure so specified applies in place of the amount that would otherwise apply.]
Textual Amendments
F8S. 15A inserted (2.6.2012 for specified purposes, 7.6.2012 in so far as not already in operation) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 10, 34(1)(3); S.R. 2012/233, art. 2(1)(a)
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