Social Security Contributions and Benefits (Northern Ireland) Act 1992

146 Interpretation of Part X. N.I.

(1) In this Part of this Act “qualifying benefit” means—

(a) a retirement pension;

[F1 (b) long-term incapacity benefit;]

(c) a widowed mother’s allowance [F2 , widowed parent’s allowance] or widow’s pension;

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) [F4 a carer’s allowance];

(f) industrial death benefit;

(g) an attendance allowance;

(h) an unemployability supplement or allowance;

(i) a war disablement pension;

(j) a war widow’s pension;

(k) [F5 state pension credit].

[F6 (l) a mobility supplement]

(2) In this Part of this Act—

• “attendance allowance” means—

  (a)

  an attendance allowance;

  (b)

  a disability living allowance;

  (c)

  an increase of disablement pension under section 104 or 105 above;

  (d)

  a payment under regulations made in exercise of the powers in section 150(3)(b) of the 1975 Act or paragraph 4(2) of Schedule 8 to this Act;

  (e)

  an increase of allowance under Article 8 of the M1 Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (constant attendance allowance for certain persons to whom that Scheme applies) or under the corresponding provision of any Scheme which may replace that Scheme;

  (f)

  an allowance in respect of constant attendance on account of disablement for which a person is in receipt of war disablement pension, including an allowance in respect of exceptionally severe disablement;

• [F7 “mobility supplement” means a supplement awarded in respect of disablement which affects a person’s ability to walk and for which the person is in receipt of war disablement pension;]

• [F8 “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;]

• [F9 “the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002)—

  (a)

  in the case of a woman, pensionable age; or

  (b)

  in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;]

• “retirement pension” includes graduated retirement benefit F10 . . .;

• [F11 “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;]

• “unemployability supplement or allowance” means—

  (a)

  an unemployability supplement payable under Part I of Schedule 7 to this Act; or

  (b)

  any corresponding allowance payable—

  (i)

  by virtue of paragraph 6(4)(a) of Schedule 8 to the Great Britain Contributions and Benefits Act;

  (ii)

  by way of supplement to retired pay or pension exempt from income tax under [F12 section 641 of the Income Tax (Earnings and Pensions) Act 2003] ;

  (iii)

  under the M2 Personal Injuries (Emergency Provisions) Act 1939; F13 . . .

  (iv)

  by way of supplement to retired pay or pension under the M3 Polish Resettlement Act 1947; [F14 or

  (v)

  F15 ...]

• “war disablement pension” means—

  (a)

  any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the M4 Air Force (Constitution) Act 1917, the M5 Personal Injuries (Emergency Provisions) Act 1939, the M6 Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the M7 Polish Resettlement Act 1947, or Part VII or section 151 of the M8 Reserve Forces Act 1980;

  (b)

  without prejudice to paragraph (a) of this definition, any retired pay or pension to which [F16 any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003] applies;

• “war widow’s pension” means any widow’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the preceding definition or a pension or allowance for a widow granted under any scheme mentioned in [F17 section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003] ;

and each of the following expressions, namely “attendance allowance”, “unemployability supplement or allowance”, “war disablement pension” and “war widow’s pension”, includes any payment which the Department accepts as being analogous to it.

(3) References in this Part of this Act to a “couple” are references to a married or unmarried couple; and for this purpose “married couple” and “unmarried couple” are to be construed in accordance with Part VII of this Act and any regulations made under it.

(4) In this Part of this Act “the relevant week”, in relation to any year, means the week beginning with the first Monday in December or such other week as may be specified in an order made by the Department.

Textual Amendments

F1 S. 146(1)(b) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 33; S.R. 1994/450, art. 2(d), Sch. Pt. IV

F2 Words in s. 146(1)(c) inserted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 11; S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

F3 S. 146(1)(d) repealed (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 76, Sch. 10 Pt. IV; S.R. 2000/332, art. 2(3)(g)(4)(5)

F4 Words in s. 146(1)(e) substituted (21.10.2002 for certain purposes and 1.4.2003 otherwise) by The Deregulation (Carer's Allowance) Order (Northern Ireland) 2002 (S.R. 2002/321), arts. 1, 2(2)(a)(v)

F5 Words in s. 146(1)(k) substituted (2.12.2002 for certain purposes and otherwise prosp.) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 para. 7(a); S.R. 2002/366, art. 2(1)(l)

F6 S. 146(1)(l) inserted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(2)

F7 Definition in s. 146(2) inserted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(3)(a)

F8 Definition in s. 146(2) substituted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. III para. 9(b)

F9 S. 146(2): definition of "the qualifying age for state pension credit" inserted (2.12.2002 for certain purposes and otherwise prosp.) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 para. 7(b); S.R. 2002/366, art. 2(1)(l)

F10 Words in definition in s. 146(2) repealed (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(3)(b), 168, Sch. 5 Pt. II

F11 S. 146(2): definition of "state pension credit" inserted (2.12.2002 for certain purposes and otherwise prosp.) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 para. 7(b); S.R. 2002/366, art. 2(1)(l)

F12 Words in s. 146(2) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 201(2)(a) (with Sch. 7)

F13 S. 146(2): word in definition in sub-para.(b) repealed (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 168, Sch. 5 Pt. II

F14 S. 146(2): word and sub-para.(v) inserted (16.12.1995) in para.(b) of the definition of "unemployability supplement or allowance" by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(3)(c)

F15 Words in s. 146(2) repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 201(2)(b), Sch. 8 Pt. 1 (with Sch. 7)

F16 Words in s. 146(2) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 201(3) (with Sch. 7)

F17 Words in s. 146(2) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 201(4) (with Sch. 7)

Marginal Citations

M1 S.I.1983/136.

M2 1939 c. 82.

M3 1947 c. 19.

M4 1917 c. 51.

M5 1939 c. 83.

M6 1939 c. 83.

M7 1947 c. 19.

M8 1980 c. 9.