Part XN.I. Christmas bonus for pensioners

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;]

[F2(ba)a qualifying employment and support allowance;]

(c)a widowed mother’s allowance [F3, widowed parent’s allowance] or widow’s pension;

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F5a 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)[F6state pension credit].

[F7(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 M1Pneumoconiosis, 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;

  • [F8“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;]

  • [F9“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;]

  • [F10“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;]

  • [F11“qualifying employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 the calculation of the amount of which includes an addition in respect of the support component or the work-related activity component;]

  • “retirement pension” includes graduated retirement benefit F12... ;

  • [F13“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 [F14section 641 of the Income Tax (Earnings and Pensions) Act 2003] ;

    (iii)

    under the M2Personal Injuries (Emergency Provisions) Act 1939; F15...

    (iv)

    by way of supplement to retired pay or pension under the M3Polish Resettlement Act 1947; [F16or

    (v)

    F17... ]

  • “war disablement pension” means—

    (a)

    any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the M4Air Force (Constitution) Act 1917, the M5Personal Injuries (Emergency Provisions) Act 1939, the M6Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the M7Polish Resettlement Act 1947, or Part VII or section 151 of the M8Reserve Forces Act 1980;

    (b)

    without prejudice to paragraph (a) of this definition, any retired pay or pension to which [F18any 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 [F19or surviving civil partner'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 [F20or surviving civil partner] granted under any scheme mentioned in [F21section 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.

[F22(3)In this Part of this Act, “couple” has the meaning given by section 133(1) above.]

(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

F3Words 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

F4S. 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)

F5Words 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)

F6Words in s. 146(1)(k) substituted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) 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); S.R. 2003/373, art. 2

F7S. 146(1)(l) inserted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(2)

F8Definition in s. 146(2) inserted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 129(3)(a)

F9Definition 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)

F10S. 146(2): definition of "the qualifying age for state pension credit" inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) 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); S.R. 2003/373, art. 2

F12Words 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

F13S. 146(2): definition of "state pension credit" inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) 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) ; S.R. 2003/373, art. 2

F14Words 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)

F15S. 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

F16S. 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)

F17Words 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)

F18Words 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)

F21Words 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