[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966 - SECT 35

35.(1) Subject to the provisions of the Act, graduated retirement benefit
shall be payable to any person who is over pensionable age and who (except as
mentioned in section 36(1) below) has retired from regular employment, and
shall be an increase in the weekly rate of his retirement pension equal to
[3.54] pence for each unit, ascertained in accordance with subsections (2) and
(3) of this section, of the graduated contributions properly paid by him as an
insured person, the result being rounded to the nearest whole penny, taking p
as nearest to the next whole penny above.

(2) For the purpose of graduated retirement benefit the units of
graduated contributions shall be #7.50 for men and #9.00 for women.

(3) Where a person's graduated contributions calculated at the said rate do
not make an exact number of units any incomplete fraction of a unit shall, if
it is one-half or more, be treated as a complete unit.

(4) Where a person defers his retirement from regular employment after
attaining pensionable age or has made an election by virtue of section 30(3)
of the Act and has not revoked it, then, for the purpose of calculating the
graduated retirement benefit payable to him from the date of his retirement,
there shall be applied the provisions of Schedule 2 to the Social Security
(Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978,
and those provisions shall be construed and have effect as if they were part
of this subsection.

(5) For the purposes of subsection (4) of this section, the Department may by
regulations provide for treating all or any of the graduated contributions
paid by a person in the tax year in which he attained pensionable age as
having been paid before, or as having been paid after, the day on which he
attained that age, whether or not the contribution in question was so paid.

(7) A person who has attained pensionable age and retired from regular
employment, but is not entitled to a retirement pension, shall be treated for
the purposes of the foregoing provisions of this section as receiving a
retirement pension at a nominal weekly rate:

Provided that

(a)this subsection shall not confer any right to graduated retirement benefit
on a person who would be entitled to a retirement pension but for some
provision of the Act or of regulations disqualifying him for receipt of it;
and

(b)regulations may provide that any right by virtue of this subsection to
benefit at less than a specified weekly rate shall be satisfied either
altogether or for a specified period by the making of a single payment of the
prescribed amount.

(8) In this section and in section 36 below

"graduated contributions" means graduated contributions under the Act of 1966
or the National Insurance Act (Northern Ireland) 1959;

"insured person" means insured person under the Act of 1966 or the National
Insurance Act (Northern Ireland) 1946;

"retirement pension" means retirement pension of any category;

"the Act" means the Social Security (Northern Ireland) Act 1975;

(9) This section and section 36 below and the Act shall be construed and have
effect as if this section and section 36 below were included in Chapter I of
Part II of that Act (contributory benefits); and references to that Chapter,
that Part or that Act in any other enactment or in any instrument shall be
construed accordingly:

Provided that nothing in this subsection shall affect the construction of any
reference to section 35 or 36 of this Act or of that Act or to any of the
subsections of those sections; and any increase in the weekly rate of a
person's retirement pension, to the extent that it is attributable to
subsection (4) of this section, shall be left out of account in determining
the weekly rate of that pension for the purposes of sections 14(6) and 15(4)
of the Act (rate of unemployment benefit, sickness benefit or invalidity
pension for persons over pensionable age).

(10) The provisions of Part III of the Act (determination of claims and
questions) relating to contributions shall be construed and have effect as if
graduated contributions were contributions under the Act.

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/niai1966354/s35.html