Made | 15th June 2005 | ||
Coming into operation in accordance with regulation 1(1) |
(3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987
2.
—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[6] shall be amended in accordance with paragraphs (2) to (11).
(2) In regulation 2(1) (interpretation) –
(3) In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (h)[10] there shall be added the following paragraph –
(4) In regulation 4 (making a claim for benefit) –
(b) in paragraph (11)[12] after "graduated retirement benefit" there shall be inserted ", a shared additional pension".
(5) In regulation 13(3)[13] (advance claims and awards) after "increase of retirement pension," there shall be inserted "a shared additional pension,".
(6) In regulation 15(1) (advance notice of retirement and claim for and award of pension) after "increase in any such pension," there shall be inserted "or a shared additional pension,".
(7) For regulation 15B[14] (advance claim for pension following deferment) there shall be substituted –
may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.".
(8) In regulation 30[16] (payments on death) –
(c) in paragraph (5D) –
(9) In Schedule 1, in the Table in Part I[17] (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) where "A retirement pension of any category" appears in column (1) (benefit claimed), in the corresponding paragraph in column (2) (alternative benefit), after "any other category" there shall be inserted ", a shared additional pension".
(10) In Schedule 4 (prescribed times for claiming benefit), after paragraph 14[18] there shall be added the following paragraph –
"
15.
Shared additional pension. |
As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.". |
Amendment of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978
3.
—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978[19] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) immediately before the definition of "the Widow's Benefit and Retirement Pensions Regulations"[20] there shall be inserted the following definition –
(3) In regulation 4(1)[21] (modification of the Act etc.) after "retirement pension of any category" there shall be inserted ", a shared additional pension".
(4) In regulation 5(3)(c)[22] (application of disqualification in respect of up-rating of benefit) –
Amendment of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979
4.
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[23] (interpretation) –
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979
5.
—(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[25] shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) immediately before the definition of "1914-1918 War Injuries Scheme" there shall be inserted the following definition –
(3) In regulation 2(1)(a)[26] (election to be treated as not having retired) after "retirement pension" there shall be inserted "or a shared additional pension".
(4) In regulation 3(a)[27] (provisions applying after election) after "retirement pension", where it appears the first time and the third time, there shall be inserted "or a shared additional pension".
(5) In regulation 4 (days to be treated as days of increment) after paragraph (3) there shall be added the following paragraph –
Amendment of the Social Security (General Benefit) Regulations (Northern Ireland) 1984
6.
—(1) The Social Security (General Benefit) Regulations (Northern Ireland) 1984[28] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) immediately before the definition of "standard rate of increase" there shall be inserted the following definition –
(3) In regulation 2(2)[29] (exceptions from disqualification for imprisonment etc.) after "maternity allowance," there shall be inserted "a shared additional pension,".
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
7.
In regulation 5(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[30] (offsetting prior payments against subsequent award), in Case 1 (payment pursuant to a decision which is revised, superseded or overturned on appeal) after "benefit" there shall be inserted "or by way of a shared additional pension under section 55A of the Contributions and Benefits Act".
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005
8.
—(1) The Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005[31] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) after the definition of "retirement pension" there shall be added the following definition –
(3) In regulation 2 (beginning of accrual period) –
(4) In regulation 3 (amount of retirement pension not included in the calculation of the lump sum) –
(d) in paragraph (8) after "retirement pension" insert "or a shared additional pension".
Transitional provisions
9.
—(1) Subject to paragraph (2) a claim for a shared additional pension made during the period from 6th April 2005 to 5th April 2006 in respect of any day in the period from 6th April 2005 to 5th April 2006 shall be treated as made on that day if on that day, apart from satisfying the condition of making a claim, the claimant satisfies the other conditions of entitlement for that pension.
(2) Where a claim for a shared additional pension is made in accordance with regulation 30(5)[33] of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (payments on death), the prescribed time shall be the period of 3 months ending on the date of the deceased's death and beginning on and including any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension.
Sealed with the Official Seal of the Department for Social Development on
15th June 2005.
L.S.
John O'Neill
A senior officer of the Department for Social Development
[2] 1992 c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)). Section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back
[3] See Article 8(b) of S.R. 1999 No. 481back
[4] Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[6] S.R. 1987 No. 465; relevant amending regulations are S.R. 1988 No. 369, S.R. 1992 Nos. 7 and 83, S.R. 1994 Nos. 345 and 456, S.R. 1996 No. 354, S.R. 1999 Nos. 365 and 381, S.R. 2001 No. 108, S.R. 2002 No. 323, S.R. 2003 Nos. 191 and 317 and S.R. 2005 Nos. 14 and 122back
[7] The definition of "benefit" was amended by regulation 3(2)(a) of S.R. 1988 No. 369, regulation 7(2)(a)(i) of S.R. 1992 No. 83, regulation 2(2)(b) of S.R. 1996 No. 354 and regulation 3(a)(ii) of S.R. 2003 No. 191back
[8] The definition of "long term benefits" was amended by regulation 2 of S.R. 1992 No. 7, regulation 2(2) of S.R. 1999 No. 365, regulation 10(2)(b) of S.R. 2001 No. 108 and paragraph 1(i) of the Schedule to S.R. 2002 No. 323back
[9] The definition of "state pension credit" was inserted by regulation 3(a)(v) of S.R. 2003 No. 191back
[10] Paragraph (h) was added by regulation 5 of S.R. 1999 No. 381back
[11] Paragraph (6A) was inserted by regulation 2(2)(b) of S.R. 2003 No. 317back
[12] Paragraph (11) was added by regulation 2(2)(b) of S.R. 2005 No. 14back
[13] Paragraph (3) was amended by regulation 6 of S.R. 1992 No. 7, regulation 2(3)(a) of S.R. 1994 No. 345 and regulation 6(1) of S.R. 2003 No. 191back
[14] Regulation 15B was inserted by regulation 2(2) of S.R. 2005 No. 122back
[15] Sections 55 and 55C were substituted by Article 273(1) and (2) of the Pensions (Northern Ireland) Order 2005back
[16] Paragraphs (5A) to (5F) were inserted by regulation 2(4)(b) of S.R. 2005 No. 122back
[17] The Table in Part I was substituted by Schedule 1 to S.R. 1994 No. 456back
[18] Paragraphs 13 and 14 were added by regulation 2(5) of S.R. 2005 No. 122back
[19] S.R. 1978 No. 114; relevant amending regulations are S.R. 1979 No. 392, S.R. 1989 No. 373, S.R. 1992 No. 330 and S.R. 2001 No. 108back
[20] The definition of "the Widow's Benefit and Retirement Pensions Regulations" was substituted by regulation 2 of S.R. 1979 No. 392back
[21] Regulation 4(1) was amended by regulation 2 of S.R. 1992 No. 330 and regulation 6(3) of S.R. 2001 No. 108back
[22] Regulation 5(3)(c) was amended by regulation 6(3)(a)(ii) of S.R. 1989 No. 373 and regulation 3 of S.R. 1992 No. 330back
[23] S.R. 1979 No. 242; relevant amending regulations are S.R. 1980 No. 451 and S.R. 1996 No. 289back
[24] The definition of "personal benefit" was amended by regulation 2(a) of S.R. 1980 No. 451 and regulation 11(2)(c) of S.R. 1996 No. 289back
[25] S.R. 1979 No. 243; relevant amending regulations are S.R. 1989 No. 373 and S.R. 2005 No. 120back
[26] Regulation 2(1)(a) was amended by regulation 8(3) of S.R. 1989 No. 373 and regulation 4(3)(a) of S.R. 2005 No. 120back
[27] Regulation 3(a) was amended by regulation 8(4)(a) of S.R. 1989 No. 373back
[28] S.R. 1984 No. 92; relevant amending regulations are S.R. 1984 No. 317, S.R. 1992 No. 6, S.R. 1995 No. 150, S.R. 1996 No. 57 and S.R. 2001 No. 108back
[29] Paragraph (2) was amended by Schedule 2 to S.R. 1984 No. 317, regulation 7(3) of S.R. 1992 No. 6, regulation 16 of S.R. 1995 No. 150, regulation 2(a) of S.R. 1996 No. 57 and regulation 9(3) of S.R. 2001 No. 108back
[30] S.R. 1988 No. 142; regulation 5(2) was amended by article 11(4) of S.R. 1999 No. 472 (C. 36)back
[32] Paragraph 5A is inserted by regulation 2(11) of these regulationsback
[33] Regulation 30(5) was amended by regulation 2(4)(a) of S.R. 2005 No. 122back