C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

54 Category A and Category B retirement pensions: supplemental provisions.

1

Regulations may provide that in the case of a person of any prescribed description who—

a

has become entitled to a Category A or Category B retirement pension but is, in the case of a woman, under the age of 65 or, in the case of a man, under the age of 70; and

b

elects in such manner and in accordance with such conditions as may be prescribed that the regulations shall apply in his case,

this Part of this Act shall have effect as if that person had not become entitled to such a retirement pension.

2

Regulations under subsection (1) above may make such modifications of the provisions of this Part of this Act, or of those of F1Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 as those provisions apply in a case where a person makes an election under the regulations, as may appear to the Department necessary or expedient.

F23

Where both parties to a marriage (call them “P” and “S”) have become entitled to retirement pensions and—

a

P’s pension is Category A, and

b

S’s pension is—

i

Category B by virtue of P’s contributions, or

ii

Category A with an increase under section 51A(2) above by virtue of P’s contributions,

P shall not be entitled to make an election in accordance with regulations made under subsection (1) above without S’s consent, unless that consent is unreasonably withheld.

F34

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