Search Legislation

Pensions Act (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 1

 Help about opening options

Version Superseded: 06/04/2016

Status:

Point in time view as at 14/09/2015. This version of this part contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

Pensions Act (Northern Ireland) 2015, PART 1 is up to date with all changes known to be in force on or before 28 March 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

PART 1 N.I.AMENDMENTS TO DO WITH NEW STATE PENSION SYSTEM

Valid from 06/04/2016

The Forfeiture (Northern Ireland) Order 1982 (NI 14)N.I.

1  In Article 6 of the Forfeiture (Northern Ireland) Order 1982 (Commissioner to decide whether forfeiture rule applies to social security benefits), in the definition of “relevant enactment” in paragraph (5), after the entry relating to the Pension Schemes (Northern Ireland) Act 1993 insert— “ Part 1 of the Pensions Act (Northern Ireland) 2015, ”.N.I.

Commencement Information

I1Sch. 12 para. 1 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 25/02/2016

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)N.I.

2  The Contributions and Benefits Act is amended as follows.

Commencement Information

I2Sch. 12 para. 2 in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(e)

Valid from 06/04/2016

3  In section 1 (outline of contributory system), in subsection (1)(a), after “this Act” insert “ or any other Act or Northern Ireland legislation ”.N.I.

Commencement Information

I3Sch. 12 para. 3 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

4  In section 13 (Class 3 contributions), in subsection (2), omit “contribution”.N.I.

Commencement Information

I4Sch. 12 para. 4 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

5  After section 19A insert—N.I.

19B    Extended meaning of benefit” etc. in Part 1

In this Part references to “benefit” or “contributory benefit” include benefit under Part 1 of the Pensions Act (Northern Ireland) 2015..

Commencement Information

I5Sch. 12 para. 5 in operation at 6.4.2016, see s. 53(1)(3)

6—(1) Section 22 (earnings factors) is amended as follows.

(2) In subsection (2)—

(a)in paragraph (a), omit the final “and”;

(b)after paragraph (b) insert

; and

(c)establishing entitlement to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 and, where relevant, calculating the rate of a state pension under that Part..

(3) After subsection (5) insert—

(5ZA) Regulations may provide for crediting—

(a)for 1987-88 or any subsequent tax year, earnings or Class 2 or Class 3 contributions, or

(b)for any earlier tax year, contributions of any class,

for the purposes of bringing an earnings factor for that tax year to a figure which will make that year a “qualifying year”, “pre-commencement qualifying year” or “post-commencement qualifying year” of a person for the purposes of Part 1 of the Pensions Act (Northern Ireland) 2015 (see sections 2(4) and 4(4) of that Act).

(5ZB) Regulations under subsection (5ZA) must provide for crediting a person with such contributions as may be specified in respect of periods on or after 6 April 1975 during which the person was—

(a)a spouse or civil partner of a member of Her Majesty's forces,

(b)accompanying the member on an assignment outside the United Kingdom, and

(c)not of a description specified in the regulations..

Commencement Information

I6Sch. 12 para. 6(1) in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(e)

I7Sch. 12 para. 6(3) in operation at 25.2.2016 for specified purposes by S.R. 2016/68, art. 2(f)

Valid from 06/04/2016

7  In section 121(1) (interpretation), in the definition of “benefit”, after paragraph (c) insert— “ (For the meaning of benefit” in Part 1, see also section 19B). ”.N.I.

Commencement Information

I8Sch. 12 para. 7 in operation at 6.4.2016, see s. 53(1)(3)

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)N.I.

8  The Administration Act is amended as follows.

Commencement Information

I9Sch. 12 para. 8 in operation at 14.9.2015 for specified purposes by S.R. 2015/329, art. 2(2)(a)

Valid from 06/04/2016

9  In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) insert—N.I.

(zb)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I10Sch. 12 para. 9 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

10  In section 5 (regulations about claims for and payments of benefits), in subsection (2), before paragraph (a) insert—N.I.

(zb)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I11Sch. 12 para. 10 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

11  In section 69 (overpayments - general), in subsection (11), before paragraph (a) insert—N.I.

(za)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I12Sch. 12 para. 11 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

12  In section 71 (overlapping benefits - general)—N.I.

(a)in subsection (1), after “adjusting” insert “ state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or ”;

(b)in subsection (4), before paragraph (a) insert—

(za)state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I13Sch. 12 para. 12 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

13  In section 115CA (interpretation of Part 6), in subsection (1), before paragraph (i) insert—N.I.

(hl)Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I14Sch. 12 para. 13 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

14  In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), before “or this Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.N.I.

Commencement Information

I15Sch. 12 para. 14 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

15  In section 118 (regulations as to notification of deaths), in subsection (1), before “and this Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.N.I.

Commencement Information

I16Sch. 12 para. 15 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

16  After section 130AB insert—N.I.

130AC    Revaluation for transitional pensions under Pensions Act (Northern Ireland) 2015

(1) Whenever the Secretary of State makes an order under section 148AC of the Great Britain Administration Act (revaluation for transitional pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland.

(2) The percentage specified in an order under subsection (1) is the “revaluing percentage” for the purposes of paragraph 6(5) of Schedule 1 to the Pensions Act (Northern Ireland) 2015..

Commencement Information

I17Sch. 12 para. 16 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

17  After section 132A insert—N.I.

132B    Up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015

Whenever the Secretary of State makes an order under section 151A of the Great Britain Administration Act (up-rating of transitional state pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland..

Commencement Information

I18Sch. 12 para. 17 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

18—(1) Section 135A (power to anticipate pensions up-rating order) is amended as follows.N.I.

(2) In subsection (1)(a)—

(a)for “150 or 150A” substitute “ 150, 150A or 151A ”;

(b)in sub-paragraph (i), after “by way of” insert “ state pension under the Pensions Act (Northern Ireland) 2015, ”.

(3) In subsection (2), after “an award is made of” insert “ a state pension, ”.

Commencement Information

I19Sch. 12 para. 18 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

19—(1) Section 143 (general financial arrangements) is amended as follows.N.I.

(2) In subsection (1), before paragraph (a) insert—

(za)state pension and lump sums under Part 1 of the Pensions Act (Northern Ireland) 2015;.

(3) In subsection (2)(a), after “Contributions and Benefits Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

(4) In subsection (3)(b), after “that Act” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

Commencement Information

I20Sch. 12 para. 19 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

20  In section 149 (Social Security Advisory Committee), in subsection (5) in the definition of “the relevant enactments”, before paragraph (b) insert—N.I.

(am)the provisions of Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I21Sch. 12 para. 20 in operation at 6.4.2016, see s. 53(1)(3)

21—(1) Section 155 (reciprocal agreements) is amended as follows.N.I.

(2) In subsection (3)(a), before “and the Contributions and Benefits Act” insert “ , Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

(3) In subsection (4), before paragraph (b) insert—

(ag)to Part 1 of the Pensions Act (Northern Ireland) 2015;.

(4) In subsection (5)—

(a)after “Act 2007” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”;

(b)after paragraph (ac) insert—

(ad)state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I22Sch. 12 para. 21 in operation at 14.9.2015 by S.R. 2015/329, art. 2(2)(c)

Valid from 06/04/2016

22  In section 163 (inalienability), in subsection (1), before paragraph (a) insert—N.I.

(zb)state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;.

Commencement Information

I23Sch. 12 para. 22 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

23  In section 166 (Assembly control of orders and regulations), in subsection (2)(b) after “132A,” insert “ 132B, ”.N.I.

Commencement Information

I24Sch. 12 para. 23 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

24  In section 167(1) (interpretation), in the definition of “benefit”, before “a jobseeker's allowance” insert “ state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, ”.N.I.

Commencement Information

I25Sch. 12 para. 24 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security (Northern Ireland) Order 1993 (NI 2)N.I.

25  In Article 4 of the Social Security (Northern Ireland) Order 1993 (payments into National Insurance Fund out of appropriated money) in paragraph (1) in the definition of “estimated benefit expenditure”, in paragraph (a) after “paragraphs” insert “ (za), ”.N.I.

Commencement Information

I26Sch. 12 para. 25 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Pensions (Northern Ireland) Order 1995 (NI 22)N.I.

26  In Schedule 2 to the 1995 Order (pensionable age), in paragraph 1, for “and Part 1 of the Welfare Reform Act (Northern Ireland) 2007” substitute “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and the Pensions Act (Northern Ireland) 2015 ”.N.I.

Commencement Information

I27Sch. 12 para. 26 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security (Northern Ireland) Order 1998 (NI 10)N.I.

27  The Social Security (Northern Ireland) Order 1998 is amended as follows.N.I.

Commencement Information

I28Sch. 12 para. 27 in operation at 6.4.2016, see s. 53(1)(3)

28  In Article 4 (use of computers), in paragraph (2) at the end insertN.I.

or

(m)Part 1 of the Pensions Act (Northern Ireland) 2015..

Commencement Information

I29Sch. 12 para. 28 in operation at 6.4.2016, see s. 53(1)(3)

29  In Article 9 (decisions by the Department)—N.I.

(a)in paragraph (3), before sub-paragraph (b) insert—

(ab)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;;

(b)in paragraph (4), before “other than” insert “ or Part 1 of the Pensions Act (Northern Ireland) 2015 ”.

Commencement Information

I30Sch. 12 para. 29 in operation at 6.4.2016, see s. 53(1)(3)

30  In Article 12 (regulations with respect to decisions), in paragraph (3), in the definition of “the current legislation”, at the end insert “ and Part 1 of the Pensions Act (Northern Ireland) 2015 ”.N.I.

Commencement Information

I31Sch. 12 para. 30 in operation at 6.4.2016, see s. 53(1)(3)

31  In Article 27 (restrictions on entitlement to benefit in certain cases of error), in paragraph (7), in the definition of “benefit”, after paragraph (f) insertN.I.

and

(g)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015..

Commencement Information

I32Sch. 12 para. 31 in operation at 6.4.2016, see s. 53(1)(3)

32  In Article 28 (correction of errors in decisions etc.), in paragraph (3) at the end insertN.I.

or

(j)Part1 of the Pensions Act (Northern Ireland) 2015..

Commencement Information

I33Sch. 12 para. 32 in operation at 6.4.2016, see s. 53(1)(3)

33  In Schedule 3 (decisions against which an appeal lies), before paragraph 7 insert—N.I.

State pension: prisoners and overseas residentsN.I.

6C  A decision that a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is not payable by reason of section 19 of that Act (prisoners).

6D  A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 by reason of regulations under section 20 of that Act (overseas residents)..

Commencement Information

I34Sch. 12 para. 33 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)N.I.

34—(1) Section 38 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (disclosure of state pension information) is amended as follows.N.I.

(2) In subsection (7), after paragraph (a) insert—

(aa)the amount of any state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 a present or future entitlement to which has already accrued to that individual;

(ab)a projection of the amount of any state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 to which that individual is likely to become entitled, or might become entitled in particular circumstances;.

(3) In subsection (11), in the definition of “lump sum”, after “under” insert “ section 8 of the Pensions Act (Northern Ireland) 2015 or ”.

Commencement Information

I35Sch. 12 para. 34 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)N.I.

35  The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.N.I.

Commencement Information

I36Sch. 12 para. 35 in operation at 6.4.2016, see s. 53(1)(3)

36  In section 5A (definitions), in the definition of “disqualifying benefit”, before paragraph (a) insert—N.I.

(zb)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;.

Commencement Information

I37Sch. 12 para. 36 in operation at 6.4.2016, see s. 53(1)(3)

37  In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), before paragraph (c) insert—N.I.

(bf)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;.

Commencement Information

I38Sch. 12 para. 37 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The State Pension Credit Act (Northern Ireland) 2002 (c. 14)N.I.

38  The State Pension Credit Act (Northern Ireland) 2002 is amended as follows.N.I.

Commencement Information

I39Sch. 12 para. 38 in operation at 6.4.2016, see s. 53(1)(3)

39  In section 7 (fixing of claimant's retirement provision for assessed income period), in subsection (6)(a), after “benefit under” insert “ Part 1 of the Pensions Act (Northern Ireland) 2015 or ”.N.I.

Commencement Information

I40Sch. 12 para. 39 in operation at 6.4.2016, see s. 53(1)(3)

40  In section 16 (meaning of “retirement pension income”), in subsection (1), before paragraph (a) insert—N.I.

(za)a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;.

Commencement Information

I41Sch. 12 para. 40 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 06/04/2016

The Gender Recognition Act 2004 (c. 7)N.I.

41  The Gender Recognition Act 2004 is amended as follows.N.I.

Commencement Information

I42Sch. 12 para. 41 in operation at 6.4.2016, see s. 53(1)(3)

42  In section 23(3) and (4) of that Act (power to modify statutory provisions) “enactment” includes sections 11 and 12 of, and Schedules 6 and 7 to, this Act.N.I.

Commencement Information

I43Sch. 12 para. 42 in operation at 6.4.2016, see s. 53(1)(3)

43—(1) Schedule 5 (benefits and pensions) is amended as follows.N.I.

(2) After paragraph 6A insert—

Pension under Part 1 of the Pensions Act (Northern Ireland) 2015

6B(1) Any question—

(a)whether the person is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 for any period after the certificate is issued, and

(b)(if so) the rate at which the person is so entitled for the period,

is to be decided as if the person's gender were the acquired gender.

(2) Accordingly, if (immediately before the certificate is issued) the person—

(a)is a woman entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, but

(b)has not attained the age of 65,

the person ceases to be so entitled when it is issued.

(3) And, conversely, if (immediately before the certificate is issued) the person—

(a)is a man who has attained the age at which a woman of the same age attains pensionable age, but

(b)has not attained the age of 65,

the person is to be treated for the purposes of Part 1 of the Pensions Act (Northern Ireland) 2015 as attaining pensionable age when it is issued.

(4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued.

(5) If the person's acquired gender is the male gender, sections11 and 12 of, and Schedules 6 and 7 to, the Pensions Act (Northern Ireland) 2015 (effect of reduced rate elections) apply in relation to the person as they apply in relation to a woman (but only once the person has reached pensionable age for a man).

(6) Paragraph 10 makes provision about deferment of state pensions under Part1 of the Pensions Act (Northern Ireland) 2015..

(3) In paragraph 10, in sub-paragraph (1), after paragraph (za) insert—

(zb)a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015,.

Commencement Information

I44Sch. 12 para. 43 in operation at 6.4.2016, see s. 53(1)(3)

Valid from 17/02/2016

The Welfare Reform Act (Northern Ireland) 2015N.I.

44  F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources