SCHEDULES
SCHEDULE 15OPTION TO BOOST OLD RETIREMENT PENSIONS
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 4)
I16
After section 61 insert—
61ZAShortfall in contributions: people with units of additional pension
1
This section applies to a person who has one or more units of additional pension if the person—
a
is not entitled to a Category A retirement pension, but
b
would be entitled to a Category A retirement pension if the relevant contribution conditions were satisfied.
2
The relevant contribution conditions are to be taken to be satisfied for the purposes of the person's entitlement to a Category A retirement pension.
3
But where a person is entitled to a Category A retirement pension because of this section, the only element of that pension to which the person is so entitled is the additional pension attributable to the units of additional pension.
4
For units of additional pension, see section 14A.
61ZBShortfall in contributions: people whose dead spouse or civil partner had units of additional pension
1
This section applies to a person whose spouse or civil partner died with one or more units of additional pension if the person—
a
is not entitled to a Category B retirement pension as a result of the death, but
b
would be entitled to a Category B retirement pension as a result of the death if the relevant contribution conditions were satisfied.
2
The relevant contribution conditions are to be taken to be satisfied for the purposes of the person's entitlement to that Category B retirement pension.
3
But where a person is entitled to a Category B retirement pension because of this section, the only element of that pension to which the person is so entitled is the additional pension attributable to the units of additional pension.
4
For units of additional pension, see section 14A.
61ZCEntitlement to more than one pension: sections 61ZA and 61ZB
1
Section 43 does not prevent a person from being entitled for the same period to both—
a
a Category A retirement pension because of section 61ZA, and
b
one Category B retirement pension.
2
Section 43 does not prevent a person from being entitled for the same period to both—
a
a Category A retirement pension, and
b
one Category B retirement pension because of section 61ZB (or, if there is more than one such Category B retirement pension, the most favourable of them).
3
Accordingly—
a
in section 43(2)(a) the reference to “a Category A or a Category B retirement pension”, in a case in which subsection (1) or (2) of this section applies, includes “a Category A and a Category B retirement pension”,
b
in sections 43(3)(a) and (aa), 51A and 52 “Category A retirement pension” does not include a pension to which a person is entitled because of section 61ZA, and
c
in sections 43(3)(a) and 52 “Category B retirement pension” does not include a pension to which a person is entitled because of section 61ZB.