Statutory Rules of Northern Ireland
Social Security
Made
15th March 2011
Coming into operation in accordance with regulation 1
The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 171(1) and (3) of, and paragraphs 2(2), 3B(2) and (5)(b)(iii) and 7B(2) and (5)(b)(iii) of Schedule 5 and paragraph 5(2) of Schedule 5A to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), and now vested in it(2).
1.-(1) These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2011.
(2) Regulations 3(2) and (3), 4 and this regulation shall come into operation on 5th April 2011.
(3) The other provisions of these Regulations shall come into operation on 6th April 2011.
2.-(1) Regulation 4 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(3) (days to be treated as days of increment) is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (1)-
(a)in sub-paragraph (b)(iii)(4) for "and" substitute "or";
(b)after sub-paragraph (b)(iii) insert-
"(iv)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002(5); and";
(c)after sub-paragraph (d)(6) add-
"; and
(e)in the case of a person who was a member of a couple, the other member of the couple was not in receipt of-
(i)income support under section 123 of the Contributions and Benefits Act;
(ii)income-based jobseeker's allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995(7);
(iii)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002; or
(iv)income-related employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007(8).".
(3) After paragraph (4)(9) add-
"(5) In paragraph (1), "couple" has the meaning given by section 133(1) of the Contributions and Benefits Act(10).".
(4) This regulation applies only in respect of a day falling on or after 6th April 2011.
3.-(1) The Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005(11) are amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation), after the definition of the "Contributions and Benefits Act" insert-
""the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(12).".
(3) For regulation 2 (beginning of accrual period), substitute-
"2.-(1) This regulation applies for the purposes of paragraphs 3B and 7B of Schedule 5 and paragraph 5 of Schedule 5A to the Contributions and Benefits Act (calculation of lump sum).
(2) In the case of a retirement pension or shared additional pension to which regulation 22 of the Claims and Payments Regulations(13) (long term benefits) applies, the accrual period shall begin with the day of the week on which benefit would have been payable had entitlement not been deferred.
(3) In the case of a retirement pension to which regulation 22C of the Claims and Payments Regulations(14) (retirement pension for persons reaching pensionable age on or after 6th April 2010) applies, the accrual period shall begin with the first day of the benefit week in relation to which benefit would have been payable had entitlement not been deferred.
(4) In this regulation, "benefit week" has the same meaning as in regulation 22D of the Claims and Payments Regulations(15) (payment of retirement pension at a daily rate).".
(4) In regulation 3 (amount of retirement pension not included in the calculation of the lump sum)-
(a)in paragraph (1)-
(i)in sub-paragraph (a) after head (iii) insert-
"(iv)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002;";
(ii)after sub-paragraph (a) insert-
"(aa)in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of-
(i)income support under section 123 of the Contributions and Benefits Act;
(ii)income-based jobseeker's allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995;
(iii)state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002; or
(iv)income-related employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007;".
(b)in paragraphs (2) and (4) after "paragraph (1)(a)" insert "or (aa)".
(c)after paragraph (5) insert-
"(5A) In paragraph (1), "couple" has the meaning given by section 133(1) of the Contributions and Benefits Act.".
(5) Paragraph (4) applies only in respect of an accrual period, or part of an accrual period, falling on or after 6th April 2011.
4. Regulation 8(3) of the Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005(16) is revoked.
Sealed with the Official Seal of the Department for Social Development on 15th March 2011
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
(This note is not part of the Regulations)
These Regulations amend the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 (the "1979 Regulations") and the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005 (the "2005 Regulations").
If a person defers entitlement to a state pension, that person may become entitled to a higher rate of state pension or a lump sum ("deferral benefits"), which accrue over time while the benefit remains unclaimed.
These Regulations amend regulation 4 of the 1979 Regulations and regulation 3 of the 2005 Regulations to provide that:
a person does not accrue any deferral benefits while that person is in receipt of state pension credit;
a person does not accrue any deferral benefits where that person is a member of a couple and the other member of the couple is in receipt of income support, income-based jobseeker's allowance, state pension credit or income-related employment and support allowance.
Regulation 3(3) amends the 2005 Regulations to prescribe the day of the week on which an accrual period begins for the purposes of paragraphs 3B and 7B of Schedule 5 and paragraph 5 of Schedule 5A to the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
Schedule 5 to that Act deals with increasing a pension or paying a lump sum where entitlement to a retirement pension is deferred. Schedule 5A to that Act deals with increasing a pension or paying a lump sum where entitlement to a shared additional pension is deferred. Paragraphs 3B and 7B of Schedule 5, and paragraph 5 of Schedule 5A, deal with the calculation of a lump sum. In each case, a lump sum is calculated by reference to accrual periods, being a period of seven days within a period of deferment beginning with a prescribed day of the week.
Regulation 4 makes a consequential revocation.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21); paragraph 2(2) of Schedule 5 was amended by paragraph 6(2) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), see also Article 273(3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)); paragraphs 3B and 7B were inserted respectively by paragraphs 7(1) and 10(1) of Schedule 9 to the Pensions (Northern Ireland) Order 2005 and paragraph 7B(2) was amended by paragraph 6(k)(ii) of the Schedule to S.R. 2005 No. 434; Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005
See Article 8(b) of S.R. 1999 No. 481
S.R. 1979 No. 243; relevant amending Regulations are S.R. 2005 No. 120, S.R. 2005 No. 299, S.R. 2005 No. 539 and S.R. 2006 No. 113
Sub-paragraph (b)(iii) was substituted by regulation 2 of S.R. 2006 No. 113
2002 c. 14 (N.I.)
Sub-paragraph (d) was inserted by regulation 4(4)(b)(ii) of S.R. 2005 No. 120 and amended by regulation 2(3) of S.R. 2005 No. 539
2007 c. 2 (N.I.)
Paragraph (4) was added by regulation 5(5) of S.R. 2005 No. 299
In section 133(1) the definition of "couple" was substituted by paragraph 99(3) of Schedule 24 to the Civil Partnership Act 2004 (c. 33)
S.R. 2005 No. 120 to which there are amendments not relevant to these Regulations
S.R. 1987 No. 465; relevant amending Regulations are S.R. 1996 No. 432, S.R. 2002 No. 297, S.R. 2008 No. 417, S.R. 2009 No. 409 and S.R. 2010 No. 81
Regulation 22 was amended by regulation 2(3) of S.R. 1996 No. 432, regulation 2(3) of S.R. 2002 No. 297, regulation 2(5) of S.R. 2008 No. 417, regulation 2(4) of S.R. 2009 No. 409 and regulation 3(5) of S.R. 2010 No. 81
Regulation 22C was inserted by regulation 2(5) of S.R. 2009 No. 409
Regulation 22D was inserted by regulation 2(5) of S.R. 2009 No. 409