Child Support, Pensions and Social Security Act (Northern Ireland) 2000

• “trustee or manager”, in relation to an occupational or personal pension scheme, means—in the case of a scheme established under a trust, the trustee or trustees of the scheme, andin any other case, the person or persons responsible for the management of the scheme.

CHAPTER II — OCCUPATIONAL AND PERSONAL PENSION SCHEMES

Selection of trustees and of directors of corporate trustees

Member-nominated trustees

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Corporate trustees

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer’s proposals for selection of trustees or directors

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-compliance in relation to arrangements or proposals

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding-up of schemes

Information to be given to the Authority

43

• (3) In paragraph (2) of Article 115 of that Order (powers to provide for Articles 22 to 26 not to apply in the case of certain schemes), for Articles 22 to 26 there shall be substituted “some or all of the provisions of Articles 22 to 26C”.

• (5) In section 173(b) of the Pension Schemes Act (managers of schemes), at the end there shall be added “or Articles 22 to 26C of the Pensions (Northern Ireland) Order 1995”.

Modification of scheme to secure winding-up

44

After Article 71 of the Pensions Order there shall be inserted—

(71A) (1) The Authority may at any time while— (a) an occupational pension scheme is being wound up, and (b) the employer in relation to the scheme is subject to an insolvency procedure, make an order modifying that scheme with a view to ensuring that it is properly wound up. (2) The Authority shall not make such an order except on an application made to them, at a time such as is mentioned in paragraph (1), by the trustees or managers of the scheme. (3) Except in so far as regulations otherwise provide, an application for the purposes of this Article must be made in writing. (4) Regulations may make provision— (a) for the form and manner in which an application for the purposes of this Article is to be made to the Authority, (b) for the matters which are to be contained in such an application, (c) for the documents which must be attached to an application for the purposes of this Article or which must otherwise be delivered to the Authority with or in connection with any such application, (d) for persons to be required, before such time as may be prescribed, to give such notifications of the making of an application for the purposes of this Article as may be prescribed, (e) for the matters which are to be contained in a notification of such an application, (f) for persons to have the opportunity, for a prescribed period, to make representations to the Authority about the matters to which such an application relates, (g) for the manner in which the Authority are to deal with any such application. (5) The power of the Authority to make an order under this Article— (a) shall be limited to what they consider to be the minimum modification necessary to enable the scheme to be properly wound up, and (b) shall not include power to make any modification that would have a significant adverse effect on— (i) the accrued rights of any member of the scheme, or (ii) any person's entitlement under the scheme to receive any benefit. (6) A modification of an occupational pension scheme by an order of the Authority under this Article shall be as effective in law as if— (a) it had been made under powers conferred by or under the scheme, (b) the modification made by the order were capable of being made in exercise of such powers notwithstanding any enactment, rule of law or rule of the scheme that would have prevented their exercise for the making of that modification, and (c) the exercise of such powers for the making of that modification would not have been subject to any enactment, rule of law or rule of the scheme requiring the implementation of any procedure or the obtaining of any consent in connection with the making of a modification. (7) Regulations may provide that, in prescribed circumstances, this Article— (a) does not apply in the case of occupational pension schemes of a prescribed class or description, or (b) in the case of occupational pension schemes of a prescribed class or description applies with prescribed modifications. (8) The times when an employer in relation to an occupational pension scheme shall be taken for the purposes of this Article to be subject to an insolvency procedure are— (a) in the case of a trust scheme, while Article 22 applies in relation to the scheme, and (b) in the case of a scheme that is not a trust scheme, while Article 22 would apply in relation to the scheme if it were a trust scheme, and for the purposes of this paragraph no account shall be taken of modifications or exclusions contained in any regulations under Article 115. (9) The Authority shall not be entitled to make an order under this Article in relation to a public service pension scheme.

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Reports about winding-up

45

• (1) After Article 72 of the Pensions Order there shall be inserted—

(72A) (1) Where— (a) an occupational pension scheme is being wound up, and (b) the winding-up is one beginning at a time (whether before or after the making of this Order) by reference to which regulations provide that it is to be a winding-up to which this Article applies, it shall be the duty of the trustees or managers, in accordance with this Article, to make periodic reports in writing to the Authority about the progress of the winding-up. (2) In the case of each winding-up, the first report to be made under this Article shall be made— (a) except in a case to which sub-paragraph (b) applies— (i) after the end of the prescribed period beginning with the day on which the winding-up began, and (ii) before the end of the prescribed period that begins with the end of the period that applies for the purposes of head (i), and (b) in a case where the winding-up began before the coming into operation of the regulations which (for the purposes of paragraph (1)(b)) prescribe the time by reference to which the winding-up is one to which this Article applies, before such date as may be prescribed by those regulations. (3) Subject to paragraph (4), each subsequent report made under this Article in the case of a winding-up shall be made no more than twelve months after the date which (apart from any postponement under paragraph (4)) was the latest date for the making of the previous report required to be made in the case of that winding-up. (4) If, in the case of any report required to be made under paragraph (3), the Authority consider (whether on an application made for the purpose or otherwise) that it would be appropriate to do so, they may, at any time before the latest time for the making of that report, postpone that latest time by such period as they think fit. (5) The latest time for making a report shall not be postponed under paragraph (4) by more than twelve months. (6) Subject to the application of the limit specified in paragraph (5) to the cumulative period of the postponements, more than one postponement may be made under paragraph (4) in the case of the same report. (7) A report under this Article— (a) shall contain such information and statements as may be prescribed, and (b) shall be made in accordance with the prescribed requirements. (8) Regulations may— (a) provide that, in prescribed circumstances, there shall be no obligation to make a report that would otherwise fall to be made under this Article, (b) make provision for the period within which, and the manner in which, applications may be made for a postponement under paragraph (4), and (c) modify paragraphs (3) and (5) by substituting periods of different lengths for the periods for the time being specified in those paragraphs. (9) If there is any failure by the trustees or managers of any scheme to comply with their duty to make a report in accordance with the requirements imposed by or under this Article— (a) Article 3 applies, if the scheme is a trust scheme, to any trustee who has failed to take all such steps as are reasonable to secure compliance, and (b) Article 10 applies (irrespective of the description of scheme involved) to any trustee or manager who has failed to take all such steps.

.

• (2) In Article 121 of that Order (interpretation of Part II), after paragraph (3) there shall be added—

(4) In a case of the winding-up of an occupational pension scheme in pursuance of an order of the Authority under Article 11 or of an order of a court, the winding-up shall (subject to paragraph (8)) be taken for the purposes of this Part to begin— (a) if the order provides for a time to be the time when the winding-up begins, at that time, and (b) in any other case, at the time when the order comes into force. (5) In a case of the winding-up of an occupational pension scheme in accordance with a requirement or power contained in the rules of the scheme, the winding-up shall (subject to paragraphs (6) to (8)) be taken for the purposes of this Part to begin— (a) at the time (if any) which under those rules is the time when the winding-up begins, and (b) if sub-paragraph (a) does not apply, at the earliest time which is a time fixed by the trustees or managers as the time from which steps for the purposes of the winding-up are to be taken. (6) Paragraph (5) shall not require a winding-up of a scheme to be treated as having begun at any time before the end of any period during which effect is being given— (a) to a determination under Article 38 that the scheme is not for the time being to be wound up, or (b) to a determination in accordance with the rules of the scheme to postpone the commencement of a winding-up. (7) In paragraph (5)(b) the reference to the trustees or managers of the scheme shall have effect in relation to any scheme the rules of which provide for a determination that the scheme is to be wound up to be made by persons other than the trustees or managers as including a reference to those other persons. (8) Paragraphs (4) to (7) do not apply for such purposes as may be prescribed.

.

• (3) After Article 49 of that Order there shall be inserted—

(49A) (1) Except in so far as regulations otherwise provide, the trustees or managers of an occupational pension scheme shall keep written records of— (a) any determination for the winding-up of the scheme in accordance with its rules, (b) decisions as to the time from which steps for the purposes of the winding-up of the scheme are to be taken, (c) determinations under Article 38, (d) determinations in accordance with the rules of the scheme to postpone the commencement of a winding-up of the scheme. (2) For the purpose of this Article— (a) the determinations and decisions of which written records must be kept under this Article include determinations and decisions by persons who— (i) are not trustees or managers of a scheme, but (ii) are entitled, in accordance with the rules of a scheme, to make a determination for its winding-up, and (b) regulations may, in relation to such determinations or decisions as are mentioned in sub-paragraph (a), impose obligations to keep written records on the persons making the determinations or decisions (as well as, or instead of, on the trustees or managers). (3) Regulations may provide for the form and content of any records that are required to be kept under this Article. (4) Article 3 applies to any trustee of a scheme who fails to take all such steps as are reasonable to secure compliance by the trustees of that scheme with the obligations imposed on them by this Article. (5) Article 10 applies to any trustee or manager of a scheme who fails to take all such steps as are reasonable to secure compliance by the trustees or managers of that scheme with those obligations.

.

Directions for facilitating winding-up

46

After the Article 72A inserted in the Pensions Order by section 45(1) there shall be inserted—

(72B) (1) Subject to the following provisions of this Article, the Authority shall have power, at any time after the winding-up of an occupational pension scheme has begun, to give directions under this Article if they consider that the giving of the direction is appropriate on any of the grounds set out in paragraph (2). (2) Those grounds are— (a) that the trustees or managers of the scheme are not taking all the steps in connection with the winding-up that the Authority consider would be being taken if the trustees or managers were acting reasonably, (b) that steps being taken by the trustees or managers for the purposes of the winding-up involve things being done with what the Authority consider to be unreasonable delay, (c) that the winding-up is being obstructed or unreasonably delayed by the failure of any person— (i) to provide information to the trustees or managers, (ii) to provide information to a person involved in the administration of the scheme, (iii) to provide information to a person of a prescribed description, or (iv) to take any step (other than the provision of information) that he has been asked to take by the trustees or managers, (d) that the winding-up would be likely to be facilitated or accelerated by the taking by any person other than the trustees or managers of any other steps, (e) that in any prescribed circumstances not falling within sub-paragraphs (a) to (d)— (i) the provision by any person of any information to the trustees or managers or to any other person, or (ii) the taking of any other step by any person, would be likely to facilitate or accelerate the progress of the winding-up. (3) Except in prescribed circumstances, the power of the Authority to give a direction under this Article in the case of a winding-up shall be exercisable only where— (a) periodic reports about the progress of the winding-up are required to be made under Article 72A, and (b) the first report that has to be made for the purposes of that Article in the case of that winding-up either has been made or should have been made. (4) Regulations may provide that, in prescribed circumstances, the Authority shall not give a direction on the ground set out in paragraph (2)(e) except in response to an application made by the trustees or managers of the scheme for the giving of a direction on that ground. (5) A direction under this Article is a direction in writing given to and imposing requirements on— (a) any or all of the trustees or managers of the scheme, (b) a person who is involved in its administration, or (c) a person of a prescribed description. (6) The requirements that may be imposed by a direction under this Article are any requirement for the person to whom it is given, within such period specified in the direction as the Authority may consider reasonable— (a) to provide the trustees or managers with all such information as may be specified or described in the direction, (b) to provide a person involved in the administration of the scheme with all such information as may be so specified or described, (c) to provide a person who is of a prescribed description with all such information as may be so specified or described, (d) to take such steps (other than the provision of information) as may be so specified or described. (7) If, at any time before the end of a period within which any step is required by a direction under this Article to be taken by any person, the Authority consider (whether on an application made for the purpose or otherwise) that it would be appropriate to do so, they may extend (or further extend) that period until such time as they think fit. (8) Regulations may— (a) impose limitations on the steps that a person may be required to take by a direction under this Article, (b) make provision for the period within which, and the manner in which, applications may be made for a period to be extended (or further extended) under paragraph (7). (9) In this Article references, in relation to a scheme, to a person involved in the administration of the scheme are (subject to paragraph (10)) references to any person who is so involved otherwise than as— (a) the employer in relation to that scheme, (b) a trustee or manager of the scheme, (c) the auditor of the scheme or its actuary, (d) a legal adviser of the trustees or managers of the scheme, (e) a fund manager for the scheme, (f) a person acting on behalf of a person who is involved in the administration of the scheme, (g) a person providing services to a person so involved, (h) a person acting in his capacity as an employee of a person so involved, (i) a person who would fall within any of sub-paragraphs (f) to (h) if persons acting in relation to the scheme in any capacity mentioned in the preceding sub-paragraphs were treated as involved in the administration of a scheme. (10) In this Article references, in relation to a scheme, to a person involved in the administration of the scheme do not include references to persons of a particular description if regulations provide for persons of that description to be excluded from those references. (72C) (1) It shall be the duty of any person to whom a direction is given under Article 72B to comply with it. (2) Where a direction is given under Article 72B to the trustees of a trust scheme, Article 3 applies to any trustee who fails, without reasonable excuse, to take all such steps as are reasonable to secure compliance with it. (3) Article 10 applies to any trustee or manager of a scheme who fails, without reasonable excuse, to take all such steps as are reasonable to secure compliance by the trustees or managers of that scheme with any direction given to them under Article 72B. (4) Article 10 applies to any person who— (a) is a person to whom a direction under Article 72B is given otherwise than in the capacity of a trustee or manager, and (b) without reasonable excuse, fails to comply with that direction. (5) For the purposes of this Article it shall not be a reasonable excuse in relation to any failure to provide information in pursuance of a direction under Article 72B that the provision of that information would (but for the duty imposed by paragraph (1) of this Article) involve a breach by any person of a duty owed to another not to disclose that information.

.

Other provisions

Restriction on index-linking where annuity tied to investments

47

• (1) In Article 51(2) of the Pensions Order (annual increase in rate of pension), for Subject to Article 52 there shall be substituted “Subject to Articles 51A and 52”.

• (2) After Article 51 of that Order there shall be inserted—

(51A) (1) No increase under Article 51 is required to be made, at any time on or after the relevant date, of so much of any pension under a money purchase scheme as— (a) is payable by way of an annuity the amount of which for any year after the first year of payment is determined (whether under the terms of the scheme or under the terms of the annuity contract in pursuance of which it is payable) by reference to fluctuations in the value of, or the return from, particular investments, (b) does not represent benefits payable in respect of the protected rights of any member of the scheme, and (c) satisfies such other conditions (if any) as may be prescribed. (2) For the purposes of this Article it shall be immaterial whether the annuity in question is payable out of the funds of the scheme in question or under an annuity contract entered into for the purposes of the scheme. (3) In this Article the relevant date means the date appointed for the coming into operation of section 47 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

.

Information for members of schemes, etc

48

• (1) In section 109(1) of the Pension Schemes Act (disclosure of information about schemes to members, etc.), for and at the end of paragraph (c) there shall be substituted—

(ca) of the pensions and other benefits an entitlement to which would be likely to accrue to the member, or be capable of being secured by him, in respect of the rights that may arise under it; and

.

• (2) After subsection (3) of that section there shall be inserted—

(3A) The regulations may provide for the information that must be given to be determined, in whole or part, by reference to guidance which— (a) is prepared and from time to time revised by a prescribed body; and (b) is for the time being approved by the Department. (3B) The regulations may, in relation to cases where a scheme is being wound up, contain— (a) provision conferring power on the Regulatory Authority, at times before the period expires, to extend any period specified in the regulations as the period within which a requirement imposed by the regulations must be complied with; and (b) provision as to the contents of any application for the exercise of such a power and as to the form and manner in which, and the time within which, any such application must be made.

.

Jurisdiction of the Pensions Ombudsman

49

• (1) Section 142 of the Pension Schemes Act (functions of the Pensions Ombudsman) shall be amended as follows.

• (2) In subsection (1), after paragraph (b) there shall be inserted—

(ba) a complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either— (i) of trustees of the scheme who are not independent trustees, or (ii) of former trustees of the scheme who were not independent trustees, alleges maladministration of the scheme,

.

• (3) In that subsection, for the words after sub-paragraph (ii) of paragraph (d) there shall be substituted—

and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes, (e) any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme, (f) any dispute, in relation to a time while Article 22 of the Pensions (Northern Ireland) Order 1995 (schemes subject to insolvency procedures) applies in relation to an occupational pension scheme, between an independent trustee of the scheme and either— (i) trustees of the scheme who are not independent trustees, or (ii) former trustees of the scheme who were not independent trustees, and (g) any question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee.

.

• (4) After that subsection there shall be inserted—

(1A) The Pensions Ombudsman shall not investigate or determine any dispute or question falling within subsection (1)(c) to (g) unless it is referred to him— (a) in the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute, (b) in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute, (c) in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme, (d) in the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute, (e) in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee. (1B) For the purposes of this Part any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute.

.

• (5) In subsection (3), after occupational pension scheme there shall be inserted “or a personal pension scheme”.

• (6) In subsection (6) for paragraph (a) there shall be substituted—

(a) if, before the making of the complaint or the reference of the dispute— (i) proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or industrial tribunal, and (ii) those proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made;

.

• (7) In subsection (7)—

• (a) after paragraph (b) there shall be inserted—

(ba) a person who is entitled to a pension credit as against the trustees or managers of the scheme;

; and

• (b) in paragraph (c)(i), for paragraph (a) or (b) there shall be substituted “paragraph (a), (b) or (ba)”.

• (8) In subsection (8) after the definition of employer there shall be inserted—

independent trustee, in relation to a scheme, means— (a) a trustee of the scheme appointed under Article 23(1)(b) of the Pensions (Northern Ireland) Order 1995 (appointment of independent trustee by insolvency practitioner or official receiver), (b) a person appointed under Article 7(1) of that Order to replace a trustee falling within paragraph (a) or this paragraph;

.

• (9) In subsection (1)—

• (a) for complaints and disputes there shall be substituted “matters”;

• (b) in paragraph (b), for the words from is to to the end of the paragraph there shall be substituted “are references to the other scheme referred to in that sub-paragraph”; and

• (c) in paragraphs (c) and (d), the words which arises shall cease to have effect.

• (10) Subsection (6) shall not have effect in relation to proceedings begun before the day appointed under section 68 for the coming into operation of this section.

Investigations by the Pensions Ombudsman

50

• (1) The Pension Schemes Act shall be amended as follows.

• (2) In section 144 (staying court proceedings where a complaint is made or a dispute is referred), in subsection (4), after paragraph (b) there shall be inserted—

(ba) any actual or potential beneficiary of the scheme whose interests are or may be affected by the matters to which the complaint or dispute relates; (bb) any actual or potential beneficiary of the scheme whose interests it is reasonable to suppose might be affected by— (i) the Pensions Ombudsman’s determination of the complaint or dispute; or (ii) directions that may be given by the Ombudsman in consequence of that determination;

.

• (3) For subsection (1) of section 145 (procedure on an investigation) there shall be substituted—

(1) Where the Pensions Ombudsman proposes to conduct an investigation into a complaint made or dispute referred under this Part, he shall— (a) give every person against whom allegations are made in the complaint or reference an opportunity to comment on those allegations, (b) give every person responsible for the management of the scheme to which the complaint or reference relates an opportunity to make representations to him about the matters to which the complaint or dispute relates, and (c) give every actual or potential beneficiary of that scheme whose interests are or may be affected by the matters to which the complaint or dispute relates, an opportunity to make representations about those matters. (1A) Subject to subsection (1B), subsection (1) shall not require an opportunity to make comments or representations to be given to any person if the Pensions Ombudsman is satisfied that that person is— (a) a person who, as the person or one of the persons making the complaint or reference, has had his opportunity to make comments or representations about the matters in question; or (b) a person whose interests in relation to the matters to which the complaint or dispute relates are being represented, in accordance with rules under this section, by a person who has been given an appropriate opportunity to make comments or representations. (1B) The Pensions Ombudsman shall, under subsection (1), give an opportunity to make comments and representations to a person falling within subsection (1A)(a) in any case in which that person is a person who, in accordance with rules, is appointed or otherwise determined, after the making of the complaint or reference, to represent the interests of other persons in relation to the matters to which the complaint or dispute relates.

.

• (4) In subsection (3) of section 145, for “and” at the end of paragraph (b) there shall be substituted—

(ba) for the interests of all of a number of persons who— (i) are actual or potential beneficiaries of the scheme to which the complaint or reference relates; and (ii) appear to have the same interest in relation to any of the matters to which the complaint or dispute relates, to be represented for the purposes of the investigation by such one or more of them, or such other person, as may be appointed by the Ombudsman or otherwise determined in accordance with the rules,

.

• (5) In that subsection, after paragraph (c), there shall be added

and (d) for the payment of legal expenses incurred by a party to an investigation (as defined in section 144(4)) out of funds held for the purposes of the scheme to which the complaint or reference relates.

.

• (6) After subsection (7) of section 145 there shall be added—

(8) References in this section to the matters to which a complaint or dispute relates include references to any matter which it is reasonable to suppose might form the subject of— (a) the Pensions Ombudsman’s determination of the complaint or dispute, or (b) any directions that may be given by the Ombudsman in consequence of that determination.

.

• (7) In subsection (1) of section 147 (determinations of the Pensions Ombudsman), after paragraph (b) there shall be added

and (c) to every other person who was required under section 145 to be given an opportunity— (i) to comment on an allegation in the complaint or reference; or (ii) to make representations about matters to which the complaint or reference relates,

.

• (8) In subsection (3) of section 147, for “and” at the end of paragraph (b) there shall be substituted—

(ba) any person who under section 145 was given such an opportunity to make any such comment or representation as is mentioned in subsection (1)(c) of this section; (bb) any person whose interests were represented by a person falling within any of the preceding paragraphs; and

;

and, in paragraph (c) of that subsection for “paragraph (a) or (b)” there shall be substituted “any of paragraphs (a) to (bb)”.

• (9) Nothing in any provision made by this section shall—

• (a) apply in relation to any complaint or reference made to the Pensions Ombudsman before the day on which this section comes into operation; or

• (b) authorise the making of any provision applying in relation to any such complaint or reference.

Prohibition on different rules for overseas residents, etc

51

After Article 66 of the Pensions Order there shall be inserted—

(66A) (1) This Article applies where an occupational pension scheme contains provisions contravening paragraph (2) or (3). (2) Except so far as regulations otherwise provide, provisions of an occupational pension scheme contravene this paragraph to the extent that they would (apart from this Article) have an effect with respect to— (a) the entitlement of any person to benefits under the scheme, or (b) the payment to any person of benefits under the scheme, which would be different according to whether or not a place outside the United Kingdom is specified by that person as the place to which he requires payments of benefits under the scheme to be made to him. (3) Except so far as regulations otherwise provide, provisions of an occupational pension scheme contravene this paragraph to the extent that they would (apart from this Article) have an effect with respect to— (a) the entitlement of any person to remain a member of the scheme, (b) the eligibility of any person to remain a person by or in respect of whom contributions are made towards or under the scheme, or (c) the making by or in respect of any person who is a member of the scheme of any contributions towards or under the scheme, which would be different according to whether that person works wholly in the United Kingdom or wholly or partly outside the United Kingdom. (4) Provisions contravening paragraph (2) shall have effect, in relation to all times after the coming into operation of section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, as if they made the same provision in relation to a person who requires payments of benefits to be made to a place outside the United Kingdom as they make in relation to a person in whose case all payments of benefits fall to be made to a place in the United Kingdom. (5) Provisions contravening paragraph (3) shall have effect, in relation to all times after the coming into operation of section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, as if they made the same provision in relation to persons working wholly or partly outside the United Kingdom as they make in relation to persons working wholly in the United Kingdom. (6) This Article— (a) shall be without prejudice to any statutory provision under which any amount is to be or may be deducted, or treated as deducted, from amounts payable by way of benefits under the scheme or treated as so payable; and (b) shall not apply in relation to so much of any provision of a scheme as is required for securing compliance with the conditions of any approval, exemption or relief given or available under the Tax Acts.

.

Miscellaneous amendments and alternative to anti-franking rules

52

Schedule 5 (which contains miscellaneous amendments of the Pension Schemes Act and the Pensions Order and makes provision for an alternative to the anti-franking rules in Part III of that Act) shall have effect.

PART III — SOCIAL SECURITY

Loss of benefit

Loss of benefit for breach of community order

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Loss of joint-claim jobseeker’s allowance

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information provision

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Loss of benefit regulations

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals relating to loss of benefit

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation powers

Investigation powers

58

Schedule 6 (which amends the enforcement provisions contained in Part VI of the Administration Act) shall have effect.

Housing benefit

Housing benefit: revisions and appeals

59

Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit and for appeals against such decisions) shall have effect.

Discretionary financial assistance with housing

60

• (1) The Department may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance ( discretionary housing payments) to persons who—

• (a) are entitled to housing benefit; and

• (b) appear to such an authority to require some further financial assistance (in addition to the benefit to which they are entitled) in order to meet housing costs.

• (2) Regulations under this section may include provision—

• (a) prescribing the circumstances in which discretionary housing payments may be made under the regulations;

• (b) conferring (subject to any provision made by virtue of paragraph (c) or (d)) a discretion on a relevant authority—

• (i) as to whether or not to make discretionary housing payments in a particular case; and

• (ii) as to the amount of the payments and the period for or in respect of which they are made;

• (c) imposing a limit on the amount of the discretionary housing payment that may be made in any particular case;

• (d) restricting the period for or in respect of which discretionary housing payments may be made;

• (e) about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;

• (f) imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;

• (g) entitling a relevant authority that is making or has made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made; or

• (h) requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.

• (3) Regulations under this section shall be subject to negative resolution.

• (4) Article 74(3) to (6) of the 1998 Order (regulations and orders) shall apply to any power to make regulations under this section as it applies to any power to make regulations under that Order.

• (5) Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.

• (6) In this section—

• prescribed means prescribed by or determined in accordance with regulations made by the Department;

• relevant authority means the Housing Executive or the Department of Finance and Personnel, as the case may be.

Grants towards cost of discretionary housing payments

61

• (1) The Department may make to the Housing Executive payments in respect of—

• (a) the cost to the Housing Executive of the making of discretionary housing payments; and

• (b) the expenses involved in the administration by the Housing Executive of any scheme for the making of discretionary housing payments.

• (2) Section 127(2) and (3) of the Administration Act shall apply in relation to payments under this section as it applies in relation to grants under that section.

• (3) In this section discretionary housing payment means any payment made by virtue of regulations under section 60.

Recovery of housing benefit

62

For subsection (3) of section 73 of the Administration Act (overpayments of housing benefit) there shall be substituted—

(3) An amount recoverable under this section shall be recoverable— (a) except in such circumstances as may be prescribed, from the person to whom it was paid; and (b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.

.

Child benefit

Child benefit disregards

63

In section 139(3)(c) of the Contributions and Benefits Act (meaning of person responsible for child) for Article 7 there shall be substituted “Article 15 or 36”.

Social Security Advisory Committee

Social Security Advisory Committee

64

In section 149(5) of the Administration Act (functions of Social Security Advisory Committee in relation to legislation and regulations), in the definition of the relevant enactments, after paragraph (ae) there shall be inserted—

(af) sections 38, 53 to 56 and 59 to 61 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 7 to that Act; and

.

PART IV — MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Tests for determining paternity

65

• (1) Part III of the Family Law Reform (Northern Ireland) Order 1977 (NI 17) (provisions for use of blood tests in determining paternity) shall be amended as follows.

• (2) In Article 8 (power of court to require use of blood tests)—

• (a) for paragraphs (1A) and (1B) there shall be substituted—

(1A) Tests required by a direction under this Article may only be carried out by a body which has been accredited for the purposes of this Article by— (a) the Lord Chancellor; or (b) a body appointed by him for the purpose.

;

• (b) in paragraph (2)—

• (i) for person responsible for there shall be substituted “individual”; and

• (ii) after this Article there shall be inserted “(the tester)”;

• (c) in paragraph (4), for the person who made the report there shall be substituted “the tester”; and

• (d) in paragraph (5)—

• (i) for the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any there shall be substituted “the tester, or any other”;

• (ii) for that person there shall be substituted “the tester or that other person”; and

• (iii) after and where there shall be inserted “the tester or”.

• (3) In Article 9 (consents, etc., required for the taking of blood samples), in paragraph (3), for, if the person who has the care and control of him consents. there shall be substituted—

(a) if the person who has the care and control of him consents; or (b) where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.

.

• (4) In Article 10(1) (power to provide for the manner of giving effect to direction for use of blood tests)—

• (a) in sub-paragraph (a), for the words from such medical practitioners to the end there shall be substituted “registered medical practitioners or members of such professional bodies as may be prescribed by the regulations;”, and

• (b) for sub-paragraph (e) there shall be substituted—

(e) prescribe conditions which a body must meet in order to be eligible for accreditation for the purposes of Article 8;

.

• (5) The amendments made by this section shall not have effect in relation to any proceedings pending at the coming into operation of this section.

Declarations of status

66

• (1) Part V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (declarations of status) shall be amended as follows.

• (2) After Article 31A there shall be inserted—

(31B) (1) Subject to the provisions of this Article, any person may apply to the High Court, a county court or a court of summary jurisdiction for a declaration as to whether or not a person named in the application is or was the parent of another person so named. (2) A court shall have jurisdiction to entertain an application under paragraph (1) if, and only if, either of the persons named in it for the purposes of that paragraph— (a) is domiciled in Northern Ireland on the date of the application, or (b) has been habitually resident in Northern Ireland throughout the period of one year ending with that date, or (c) died before that date and either— (i) was at death domiciled in Northern Ireland, or (ii) had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death. (3) Except in a case falling within paragraph (4), the court shall refuse to hear an application under paragraph (1) unless it considers that the applicant has a sufficient personal interest in the determination of the application (but this is subject to Article 28 of the Child Support (Northern Ireland) Order 1991). (4) The excepted cases are where the declaration sought is as to whether or not— (a) the applicant is the parent of a named person; (b) a named person is the parent of the applicant; or (c) a named person is the other parent of a named child of the applicant. (5) Where an application under paragraph (1) is made and one of the persons named in it for the purposes of that paragraph is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child. (6) Where a court refuses to hear an application under paragraph (1) it may order that the applicant may not apply again for the same declaration without leave of the court. (7) Where a declaration is made by a court on an application under paragraph (1), the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration. (8) In this Article— - prescribed means prescribed by rules of court; - Registrar General has the same meaning as in the Births and Deaths Registration (Northern Ireland) Order 1976; - rules of court has the same meaning as in Article 36(5), but in relation to an application made to, or a declaration made by, a court of summary jurisdiction, means magistrates' courts rules.

.

• (3) In Article 34(5) (prohibition of declarations of illegitimacy), sub-paragraph (b) shall cease to have effect.

• (4) After Article 36(5) there shall be added—

(6) An appeal shall lie to the county court against— (a) the making by a court of summary jurisdiction of a declaration under Article 31B, (b) any refusal by a court of summary jurisdiction to make such a declaration, or (c) any order under paragraph (6) of that Article made on such a refusal.

.

• (6) Nothing in this Act shall affect any proceedings pursuant to an application under—

• (a) Article 32(1)(a) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4), or

• (b) Article 28 of the Child Support Order,

which are pending immediately before the coming into operation of this section.

Supplemental

Repeals

67

• (1) The statutory provisions mentioned in Schedule 9 (which include some spent provisions) are hereby repealed to the extent specified in the second column of that Schedule.

• (2) The repeals specified in that Schedule have effect subject to the commencement provisions and savings contained, or referred to, in the notes set out in that Schedule.

Commencement and transitional provisions

68

• (1) This section applies to the following provisions—

• (a) Part I (other than section 23);

• (b) Part II (other than sections 34 and 35 and paragraph 5(1), (3) and (4) of Schedule 5);

• (c) Part III;

• (d) sections 65 and 66 and Schedule 8;

• (e) section 67 and Schedule 9.

• (2) The provisions of this Act to which this section applies shall come into operation on such day or days as may be appointed by order made—

• (a) except in a case falling within paragraph (b), by the Department; and

• (b) in the case of an order bringing into operation any of the provisions of sections 65 and 66, Schedule 8 or Part VII of Schedule 9, by the Lord Chancellor.

• (3) The Department may by regulations make such transitional provision as it considers necessary or expedient in connection with the bringing into operation of any of the following provisions—

• (a) sections 39 to 42 and section (1) of Part III of Schedule 9;

• (b) sections 59 to 61 and Schedule 7 and Part VI of Schedule 9.

• (4) Regulations under subsection (3) shall be subject to negative resolution.

• (5) Article 166 of the Pensions Order (supplementary provisions in relation to powers to make regulations or orders under that Order) shall apply to the power to make regulations under subsection (3) as it applies to any power to make regulations under that Order.

Short title and interpretation

69

• (1) This Act may be cited as the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

• (2) In this Act—

• the 1998 Order means the Social Security (Northern Ireland) Order 1998 (NI 10);

• the 1999 Order means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11);

• the Administration Act means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);

• the Child Support Order means the Child Support (Northern Ireland) Order 1991 (NI 23);

• the Contributions and Benefits Act means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

• the Department means the Department for Social Development;

• the Housing Executive means the Northern Ireland Housing Executive;

• the Jobseekers Order means the Jobseekers (Northern Ireland) Order 1995 (NI 15);

• the Pension Schemes Act means the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

• the Pensions Order means the Pensions (Northern Ireland) Order 1995 (NI 22);

• statutory provision has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

SCHEDULE 1

SCHEDULE 2

PART I — SUBSTITUTED SCHEDULE 4A.

PART II — SUBSTITUTED SCHEDULE 4B.

SCHEDULE 3

The Army Act 1955 (c. 18)

1

• (1) Section 150AA (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

• (2) In subsections (1), (2)(a), (3)(a) and (4), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”.

• (3) In subsection (3), for “the assessment” in each place there shall be substituted “the calculation”.

The Air Force Act 1955 (c. 19)

2

• (1) Section 150AA (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

• (2) In subsections (1), (2)(a), (3)(a) and (4), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”.

• (3) In subsection (3), for “the assessment” in each place there shall be substituted “the calculation”.

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

3

In Article 2(2) (interpretation), for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order;

.

4

In Article 31 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)—

• (a) in paragraphs (5)(a), (7) and (8), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

• (b) in paragraphs (5) and (6)(b) for “current assessment” in each place there shall be substituted “current calculation”;

• (c) in paragraph (6)(b), for “maintenance assessments” there shall be substituted “maintenance calculations”; and

• (d) in paragraph (6)(b), for “those assessments” there shall be substituted “those calculations”.

5

In Article 33 (variation, discharge, etc., of certain orders for financial relief)—

• (a) in paragraphs (11)(c) and (13)(a) and (c), for “maintenance assessment” there shall be substituted “maintenance calculation”; and

• (b) in paragraphs (11)(c) and (d) and (12), for “the assessment” there shall be substituted “the calculation”.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

6

In Article 2(2) (interpretation), for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order;

.

7

In Article 7 (age limit on making orders for financial provision for children and duration of such orders)—

• (a) in paragraphs (7)(a), (9) and (10), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

• (b) in paragraphs (7) and (8), for “current assessment” in each place there shall be substituted “current calculation”;

• (c) in paragraph (8)(b), for “maintenance assessments” there shall be substituted “maintenance calculations”; and

• (d) in paragraph (8)(b), for “those assessments” there shall be substituted “those calculations”.

8

In Article 22 (variation, revival and revocation of orders for periodical payments)—

• (a) in paragraphs (9A)(b) and (9D), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”; and

• (b) in paragraphs (9A)(b) and (c) and (9B), for “the assessment” there shall be substituted “the calculation”.

The Finance Act 1988 (c. 39)

9

In subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for the words from “maintenance calculation” to “the Child Support (Northern Ireland) Order 1991” there shall be substituted “maintenance calculation made under the Child Support Act 1991 or the Child Support (Northern Ireland) Order 1991”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

10

In Article 255(5)(b) (effect of discharge on a bankrupt), for “maintenance assessment” there shall be substituted “maintenance calculation”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

11

For “absent parent” or “absent parent's”, wherever they occur, there shall be substituted “non-resident parent” or “non-resident parent's” preceded, where appropriate, by “a” instead of “an”.

12

In Article 2(2) (interpretation)—

• (a) in the definition of “application for a departure direction” for “departure direction” there shall be substituted “variation” and after “28A” there shall be inserted “or 28G”;

• (b) the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement” shall cease to have effect;

• (c) after the definition of “deduction from earnings order” there shall be inserted—

“default maintenance decision” has the meaning given in Article 14;

;

• (d) in the definition of “interim maintenance assessment” for “assessment” there shall be substituted “decision”;

• (e) for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under this Order and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;

; and

• (f) after the definition of “statutory provision” there shall be added—

“voluntary payment” has the meaning given in Article 28J.

.

13

In Article 7 (child support maintenance)—

• (a) in paragraph (4)(a), after “be” there shall be inserted “identified or”; and

• (b) in paragraph (9), after “an application” there shall be inserted “treated as made”.

14

In Article 10 (role of the courts with respect to maintenance for children)—

• (a) in paragraph (1), after “duly made” there shall be inserted “or treated as made”;

• (b) in paragraph (3), at the beginning there shall be inserted “Except as provided in paragraph (3A),”;

• (c) for paragraph (3A) there shall be substituted—

(3A) Unless a maintenance calculation has been made with respect to the child concerned, paragraph (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned— (a) if the maintenance order was made on or after the date prescribed for the purposes of Article 7(10)(a); or (b) where the order was made before then, in any case in which Article 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

; and

• (d) in paragraph (6), for sub-paragraph (b) there shall be substituted—

(b) the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

.

15

In Article 11 (agreements about maintenance), in paragraph (6), for sub-paragraphs (a) and (b) there shall be substituted—

(a) no parent has been treated under Article 9(3) as having applied for a maintenance calculation with respect to the child; or (b) a parent has been so treated but no maintenance calculation has been made,

.

16

In Article 16 (information required by the Department), in paragraph (1), after “any application” there shall be inserted “made or treated as made”.

17

In Article 27 (disputes about parentage), in paragraph (1), after “made” there shall be inserted “or treated as made”.

18

In Article 27A (recovery of fees for scientific tests)—

• (a) in paragraph (1)(a), after “made” there shall be inserted “or treated as made”; and

• (b) in paragraph (1)(b), after “made” there shall be inserted “or, as the case may be, treated as made”.

19

In Article 28ZA (decisions involving issues that arise on appeal in other cases), in paragraph (1)—

• (a) in sub-paragraph (a), for “in relation to a maintenance assessment” there shall be substituted “or with respect to a reduced benefit decision under Article 43”; and

• (b) in sub-paragraph (b), for “maintenance assessment” there shall be substituted “matter”.

20

In Article 28ZB (appeals involving issues that arise on appeal in other cases)—

• (a) in paragraph (1), for sub-paragraph (a) there shall be substituted—

(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within Article 22(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner;

; and

• (b) in paragraph (4), for “or assessment” there shall be substituted “or the imposition of the requirement”.

21

In Article 28ZC (restrictions on liability in certain cases of error)—

• (a) in paragraph (1)(b)(i), at the end there shall be added “or one treated as having been so made, or under Article 43 as to the reduction of benefit”;

• (b) in paragraph (1)(b)(ii), for the words from “a decision” to the end there shall be substituted “any decision (made after the commencement date) referred to in Article 18(1A)”;

• (c) in paragraph (1)(b)(iii), for the words from “a decision” to the end there shall be substituted “any decision (made after the commencement date) referred to in Article 19(1)”;

• (d) in paragraph (3), after “liability” there shall be inserted “or the reduction of a person’s benefit”; and

• (e) in paragraph (6), in the definition of “adjudicating authority”, at the end there shall be added “or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal”.

22

Articles 28H (departure directions: decisions and appeals) and 28I (transitional provisions) shall cease to have effect.

23

In Article 30 (collection and enforcement of other forms of maintenance), for paragraph (2) there shall be substituted—

(2) The Department may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though the Department is not arranging for the collection of child support maintenance with respect to that child.

.

24

In Article 32 (regulations about deduction from earnings orders), in paragraph (2), after sub-paragraph (b) there shall be inserted—

(bb) for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);

.

25

In Article 33 (liability orders), after paragraph (4) there shall be added—

(5) Where regulations have been made under Article 29(3)(a)— (a) the liable person fails to make a payment (for the purposes of paragraph (1)(a)); and (b) a payment is not paid (for the purposes of paragraph (3)), unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.

.

26

In Article 44 (fees), after paragraph (2) there shall be added—

(3) The provisions of this Order with respect to— (a) the collection of child support maintenance; (b) the enforcement of any obligation to pay child support maintenance, shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this Article.

.

27

In Article 47 (supplementary powers to make regulations), in paragraph (2)—

• (a) for sub-paragraph (a)(ii) and (iii) there shall be substituted—

(ii) the making of decisions under Article 13; (iii) the making of decisions under Article 18 or 19;

; and

• (b) for sub-paragraph (b) there shall be substituted—

(b) extending the categories of case to which Article 18, 19 or 22 applies;

.

28

In Schedule 1 (maintenance assessments)—

• (a) paragraph 13 (assessments where amount of child support is nil) shall cease to have effect;

• (b) in paragraph 14 (consolidated applications and assessments), the existing text shall be sub-paragraph (1) of that paragraph, and after that sub-paragraph there shall be added—

(2) In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.

; and

• (c) in paragraph 16 (termination of assessments)—

• (i) in sub-paragraph (1), heads (d) and (e) shall cease to have effect;

• (ii) sub-paragraphs (2) to (10) shall cease to have effect; and

• (iii) in sub-paragraph (11), the words “, or should be cancelled” shall cease to have effect.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

29

In section 5A(6)(a) (sharing of functions as regards certain claims and information)—

• (a) after “application” there shall be inserted “(or an application treated as having been made)”; and

• (b) for “maintenance assessment” there shall be substituted “maintenance calculation”.

The Children (Northern Ireland) Order 1995 (NI 2)

30

• (1) Schedule 1 (financial provision for children) shall be amended as follows.

• (2) In paragraph 1 (interpretation), in sub-paragraph (3)—

• (a) for “maintenance assessment” there shall be substituted “maintenance calculation”;

• (b) for “an assessment” there shall be substituted “a calculation”; and

• (c) for “an interim maintenance assessment” there shall be substituted “a default or interim maintenance decision”.

• (3) In paragraph 4 (duration of orders for financial relief)—

• (a) in sub-paragraphs (8)(a), (10) and (11) for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

• (b) in sub-paragraphs (8) and (9)(b), for “current assessment” in each place there shall be substituted “current calculation”;

• (c) in sub-paragraph (9)(b), for “maintenance assessments” there shall be substituted “maintenance calculations”; and

• (d) in sub-paragraph (9)(b), for “those assessments” there shall be substituted “those calculations”.

• (4) In paragraph 7 (variation, etc., of orders for periodical payments)—

• (a) in sub-paragraph (11), for “maintenance assessment” there shall be substituted “maintenance calculation”; and

• (b) in sub-paragraphs (11)(c) and (d) and (12), for “the assessment” there shall be substituted “the calculation”.

The Child Support (Northern Ireland) Order 1995 (NI 13)

31

In Article 12 (deferral of right to apply for maintenance assessment), paragraph (4) (which enables the Department by order to repeal any of the provisions of Article 12) shall cease to have effect.

32

Article 17 (compensation payments) shall cease to have effect.

The Social Security (Northern Ireland) Order 1998 (NI 10)

33

In paragraph 8 of Schedule 2 (decisions against which no appeal lies) for “direction” in each place there shall be substituted “decision”.

SCHEDULE 4

The Schedule to be inserted after Schedule 4 to the Contributions and Benefits Act is as follows—

SCHEDULE 5

PART I — MISCELLANEOUS AMENDMENTS

Guaranteed minimum for widows and widowers

1

• (1) In section 13 of the Pension Schemes Act (minimum pensions for widows and widowers), after subsection (4) there shall be inserted—

(4A) The scheme must provide for the widow or widower's pension to be payable to the widow or widower— (a) for any period for which a Category B retirement pension is payable to the widow or widower by virtue of the earner's contributions or would be so payable but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (persons entitled to more than one retirement pension); (b) for any period for which widowed parent's allowance or bereavement allowance is payable to the widow or widower by virtue of the earner's contributions; and (c) in the case of a widow or widower whose entitlement by virtue of the earner's contributions to a widowed parent's allowance or bereavement allowance has come to an end at a time after the widow or widower attained the age of 45, for so much of the period beginning with the time when the entitlement came to an end as neither— (i) comprises a period during which the widow or widower and a person of the opposite sex are living together as husband and wife; nor (ii) falls after the time of any remarriage by the widow or widower.

.

• (2) In subsection (5) of that section—

• (a) for must provide there shall be substituted “must also make provision”; and

• (b) the words Category B retirement pension,, in the first place where they occur, and the words from or for which to the end shall cease to have effect.

• (3) In subsection (6) of that section, for must provide there shall be substituted “must also make provision”.

Transfer of rights to overseas personal pension schemes

2

• (1) In section 16(1) of the Pension Schemes Act (transfer of accrued rights)—

• (a) in paragraph (a), for or to a personal pension scheme there shall be substituted “, to a personal pension scheme or to an overseas arrangement”; and

• (b) in paragraph (b), for or a personal pension scheme there shall be substituted “, a personal pension scheme or an overseas arrangement”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 176(1) of that Act (general interpretation), after the definition of occupational pension scheme, there shall be inserted—

overseas arrangement means a scheme or arrangement which— (a) has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners; (b) is administered wholly or primarily outside Northern Ireland; (c) is not an appropriate scheme; and (d) is not an occupational pension scheme;

.

Protected rights

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of cash equivalent for annuity

4

In section 91 of the Pension Schemes Act (ways of taking right to cash equivalent), subsection (4) shall cease to have effect.

Transfer values where pension in payment

5

• (1) In section 93(2) of the Pension Schemes Act (calculation of cash equivalents), for and at the end of paragraph (a) there shall be substituted—

(aa) for a cash equivalent, including a guaranteed cash equivalent, to be reduced so as to take account of the extent (if any) to which an entitlement has arisen under the scheme to the present payment of the whole or any part of— (i) any pension; or (ii) any benefit in lieu of pension; and

.

• (2) In section 94(7) of that Act (variation and loss of rights under section 90)—

• (a) after right there shall be inserted “if”; and

• (b) paragraph (a) shall cease to have effect.

• (3) In Article 121(1) of the Pensions Order (interpretation of Part II), in the definition of pensioner member, after other benefits there shall be inserted “and who is not an active member of the scheme”.

• (4) Sub-paragraph (2) has effect in relation to any case in which the whole or any part of a pension or other benefit becomes payable on or after the coming into operation of that sub-paragraph.

Information about contracting-out

6

For section 152 of the Pension Schemes Act (information as to guaranteed minimum pensions) there shall be substituted—

(152) (1) The Department or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or appropriate scheme such information as appears to the Department or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III. (2) The Department or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.

.

Trustees of schemes

7

In section 173 of the Pension Schemes Act (managers of schemes)—

• (a) for provide who is to be treated there shall be substituted

provide— (a) who is to be treated

; and

• (b) at the end there shall be added—

or (b) who is be treated as a trustee of a scheme for the purposes of Chapter I of Part IV, Chapter I of Part IVA, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 149(2), 154(1) to (5), 158, 159 and 171.

.

Register of disqualified trustees

8

• (1) In Article 30(7) of the Pensions Order (persons disqualified: consequences), for the words from “and” to the end there shall be substituted “but the arrangements made by the Authority for the register shall secure that the contents of the register are not disclosed or otherwise made available to members of the public except in accordance with Article 30A.”.

• (2) After that paragraph there shall be added—

(8) Nothing in paragraph (7) requires the Authority to exclude any matter from a report published under Article 101.

.

• (3) After that Article there shall be inserted—