The Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001

Prospective

Regulations made by the Department for Social Development and laid before the Assembly under Article 49(8) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 for approval of the Assembly before the expiration of six months from the date of their coming into operation

Statutory Rules of Northern Ireland

2001 No. 441

SOCIAL SECURITY

The Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001

Made

31st December 2001

Coming into operation

6th October 2002

The Department for Social Development, in exercise of the powers conferred by Articles 49(1) and (2) and 73(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(1), and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Prospective

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Inherited SERPS) Regulations (Northern Ireland) 2001 and shall come into operation on 6th October 2002.

(2) In these Regulations—

“additional pension” means an additional pension derived from contributions or earnings factors in any tax year beginning after 5th April 1978 and ending before 6th April 2002;

“pensionable age” has the meaning given by the rules in Part I of Schedule 2 to the Pensions (Northern Ireland) Order 1995(3);

“widowed parent’s allowance” means an allowance referred to in section 39A(4) of the Contributions and Benefits Act.

Commencement Information

I1 Reg. 1 in operation at 6.10.2002, see reg. 1(1)

Modification of Part II of the Contributions and Benefits Act N.I.

2.—(1) Where, on or after 6th October 2002, a person becomes widowed and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower then, provided that the deceased spouse of that person attained pensionable age before 6th October 2002, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to that person under that provision shall be increased by 100 per cent.

(2) Where, on or after 6th October 2002, a person becomes a person of a description specified in column 1 of the Schedule and entitled to a widowed parent’s allowance or a Category B retirement pension under Part II of the Contributions and Benefits Act by virtue of being a widow or widower, any provision of that Part which is listed in paragraph (3) shall have effect so that the rate of the additional pension in that pension or allowance, or of any constituent element of an increase in that additional pension, which would, but for this paragraph, be payable to a person of that description under that provision shall be increased by the percentage specified in column 2 of the Schedule.

(3) The provisions of Part II of the Contributions and Benefits Act referred to in paragraphs (1) and (2) are—

(a) section 39C(5) (rate of widowed parent’s allowance and bereavement allowance) except in so far as that section relates to the rate of a bereavement allowance(6);

(b) section 48A(7) (Category B retirement pension for married person);

(c) section 48B(8) (Category B retirement pension for widows and widowers);

(d) section 48BB(9) (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B);

(e) section 51(10) (Category B retirement pension for widowers), and

(f) paragraphs 4 to 7(11) of Schedule 5 (increase of pension where pensioner’s deceased spouse has deferred entitlement).

Commencement Information

I2 Reg. 2 in operation at 6.10.2002, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 31st December 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Prospective

Regulation 2(2)

SCHEDULE N.I. Increases in additional pension of persons of a specified description

Commencement Information

I3 Sch. in operation at 6.10.2002, see reg. 1(1)

Column 1	Column 2
Description of person	Percentage increase
A person who is the widow or widower of a person who attains pensionable age on or after 6th October 2002 but before 6th October 2004 or who would have, but for his death, attained pensionable age during that period.	80%
A person who is the widow or widower of a person who attains pensionable age on or after 6th October 2004 but before 6th October 2006 or who would have, but for his death, attained pensionable age during that period.	60%
A person who is the widow or widower of a person who attains pensionable age on or after 6th October 2006 but before 6th October 2008 or who would have, but for his death, attained pensionable age during that period.	40%
A person who is the widow or widower of a person who attains pensionable age on or after 6th October 2008 but before 6th October 2010 or who would have, but for his death, attained pensionable age during that period.	20%

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for an increase in the rate of the additional pension, or of any constituent element of an increase in that pension, under the State Earnings Related Pension Scheme (SERPS) to which persons of a specified description would otherwise be entitled under certain provisions of Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”) in the event that they are widowed on or after 6th October 2002. By virtue of section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, 6th October 2002 is the date on which the maximum amount of the additional pension which may be inherited by a surviving spouse under SERPS is reduced from 100 per cent. to 50 per cent.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2(1) provides for 100 per cent. inherited additional pension where the deceased spouse attained pensionable age before 6th October 2002. Regulation 2(2) and the Schedule provide for a percentage increase in inherited additional pension depending on when during the period from 6th October 2002 to 5th October 2010 the deceased spouse attained, or would, but for his death, have attained, pensionable age. Regulation 2(3) sets out the provisions of Part II of the Contributions and Benefits Act modified by these Regulations.

(1)

S.I. 1999/3147 (N.I. 11); Article 49 was amended by section 35(3) to (5) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

S.I. 1995/3213 (N.I. 22)

(4)

Sections 39A to 39C were inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(5)

Section 39C was amended by sections 33(4) and 35(1)(a) and (2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(6)

See section 39B of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

(7)

Sections 48A, 48B and 48C were substituted for sections 49 and 50 by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995, and section 48A was amended by paragraph 31 of Schedule 8 and paragraph 9 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 33(9) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; see paragraph 3(2) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 for the application of section 48A to a man whose wife was born before 6th April 1950

(8)

Section 48B was amended by paragraph 5 of Schedule 8 and paragraph 10 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 33(10) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; see paragraph 3(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 for the application of section 48B to a man who attains pensionable age before 6th April 2010

(9)

Section 48BB was inserted by Article 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and amended by sections 31(2), 33(11) and 35(1)(a) and (2)(b) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(10)

Section 51 was amended by Article 124(2) of the Pensions (Northern Ireland) Order 1995 and sections 33(13) and 35(1)(a) and (2)(b) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; see paragraph 3(3) of Schedule 2 to that Order for the application of section 51 to a man who attains pensionable age on or after 6th April 2010

(11)

Paragraph 4 was amended by paragraph 18(13) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and section 35(1)(a) and (2)(c) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; see paragraph 18(14) of that Schedule for the application of paragraph 4(1) to a widower who attains pensionable age before 6th April 2010. Paragraphs 5, 5A and 6 were substituted for paragraphs 5 and 6 by paragraph 18(15) of Schedule 2 to that Order and paragraphs 5A and 6 were amended by section 35(1) and (2)(c) of that Act; see paragraph 18(16) of that Schedule for the application of paragraph 5(1) to a widower who attains pensionable age before 6th April 2010. Paragraph 7 was amended by paragraph 36(d) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49), paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and paragraph 18(17) of Schedule 2 to the Pensions (Northern Ireland) Order 1995