SCHEDULES

SCHEDULE 12STATE PENSION: AMENDMENTS

PART 4OTHER AMENDMENTS TO DO WITH PART 1

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

I176

The Contributions and Benefits Act is amended as follows.

I277

1

Section 39C (rate of widowed parent's allowance and bereavement allowance) is amended as follows.

2

In subsection (1), for the words from “45AA” to “as they apply” substitute “ 45AA and Schedules 4A and 4B below as they apply ”.

3

In subsection (3), for the words from “45AA” to “by virtue of subsection (1) above” substitute “ 45AA and Schedules 4A and 4B below by virtue of subsection (1) above ”.

4

In subsection (4), for the words from “45AA” to “below” substitute “ 45AA and Schedules 4A and 4B below ”.

I378

1

Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.

2

In the following provisions omit “(as those provisions have effect by virtue of section 3(7) of the Pensions Act (Northern Ireland) 2012)”—

  • paragraph 4(1A)(a), (b) and (c);

  • paragraph 7B(5)(b)(i).

3

After paragraph 7 insert—

7ZA

1

This paragraph modifies paragraphs 5A to 6A in cases where—

a

W became entitled to a Category A or Category B retirement pension before 7 June 2012, and

b

S died before 7 June 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

2

Paragraph 5A applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and

b

in sub-paragraph (3), after “following—”, there were inserted—

a

one half of the appropriate amount; and

3

Paragraph 6 applies as if—

a

in sub-paragraph (2), after paragraph (a), there were inserted—

b

the appropriate amount; and”;

b

in sub-paragraph (3), after paragraph (b), there were inserted—

c

the appropriate amount reduced by the amount of any increases under section 105 of the Pensions Act; and

c

in sub-paragraph (4), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

4

Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

b

one half of the appropriate amount; and

5

In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

a

the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 132 of the Administration Act; or

b

the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

6

In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 7 June 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.