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The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule
Publication 2005-06-15
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 15th June 2005

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by sections 54(1), 113(1), and 171(3) of, and paragraphs 1, 3 and 5 of Schedule 5A to the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and sections 1(1), 5(1)(a) to (c) and (g), 69(6), 71(1) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992[^f00002], and now vested in it[^f00003], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

Amendment of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

2
  • “shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;

(i) in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.

(15B) Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) (pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) of the Contributions and Benefits Act[^f00015] (as the case may be) a claim for – (a) a Category A or Category B retirement pension; (b) any increase in that pension; and (c) a shared additional pension, 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.

15Shared 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.

(5A) Shared additional pension shall be payable on Mondays, except that – (a) where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or (b) the Department may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as it may, in the circumstances of any particular case, determine.

Amendment of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

3
  • “shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;

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[^f00023] (interpretation) –

  • “shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979

5
  • “shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;

(4) For the purposes of paragraph 3 of Schedule 5A to the Contributions and Benefits Act a day shall be treated as a day of increment in relation to any person if it is a day in that person’s period of deferment, other than a Sunday, in respect of which if that person had not deferred his entitlement to a shared additional pension he would have been entitled to it (and would not have been disqualified from receiving it by reason of imprisonment or detention in legal custody).

Amendment of the Social Security (General Benefit) Regulations (Northern Ireland) 1984

6
  • “shared additional pension” means a shared additional pension under section 55A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

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[^f00030] (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
  • “shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act.

(1A) For the purposes of the calculation of the lump sum under paragraph 5 of Schedule 5A to the Act, the amount of a shared additional pension to which a person (“the deferrer”) would have been entitled for the accrual period if his entitlement had not been deferred shall not include any such pension where, for the entire accrual period, the deferrer would have been disqualified for receiving shared additional pension by reason of imprisonment or detention in legal custody.

Transitional provisions

9

Signed

Sealed with the Official Seal of the Department for Social Development on 15th June 2005.

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for claiming and paying Shared Additional Pension.

Regulation 2 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) in relation to claims for and payment of shared additional pension.

Regulations 3 to 8 harmonise various regulations to align the rules for claiming and paying Shared Additional Pension with those relating to Retirement Pension and Graduated Retirement Benefit.

Regulation 9 makes transitional provisions.

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.

These Regulations do not impose a charge on business.

Footnotes

[^f00001]: 1992 c. 7; section 54(1) was amended by paragraph 6 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and paragraph 12 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)). Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

[^f00002]: 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)

[^f00003]: See Article 8(b) of S.R. 1999 No. 481

[^f00004]: Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: 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 122

[^f00008]: 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. 323

[^f00009]: The definition of “state pension credit” was inserted by regulation 3(a)(v) of S.R. 2003 No. 191

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