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.