Pensions Act (Northern Ireland) 2015

Dead spouse or civil partner in old state pension system etc. N.I.

2—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if— N.I.

(a) the marriage took place or the civil partnership was formed before 6 April 2016,

(b) the spouse or civil partner died before 6 April 2016,

(c) the pensioner was under pensionable age when the spouse or civil partner died, and

(d) the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48B(4) or (4A) or 48BB of the Contributions and Benefits Act if the words “before 6 April 2016” were omitted.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if any element of the rate attributable to the basic pension were ignored.

Commencement Information

I1 Sch. 3 para. 2 in operation at 6.4.2016, see s. 53(1)(3)

3—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if— N.I.

(a) the marriage took place or the civil partnership was formed before 6 April 2016,

(b) the spouse or civil partner reached pensionable age before 6 April 2016 but died on or after that date,

(c) the pensioner was under pensionable age when the spouse or civil partner died, and

(d) the pensioner would, on reaching pensionable age, have been entitled to a Category B retirement pension under section 48BB of the Contributions and Benefits Act if in subsection (3) of that section—

(i) the words “before 6 April 2016” were omitted, and

(ii) the reference to a bereavement allowance were a reference to bereavement support payment under section 29 of this Act.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the pensioner reached pensionable age if section 48BB(8) and (9) of the Contributions and Benefits Act were ignored.

Commencement Information

I2 Sch. 3 para. 3 in operation at 6.4.2016, see s. 53(1)(3)

4—(1) A pensioner whose spouse or civil partner has died is entitled to an inherited amount under this paragraph if— N.I.

(a) the marriage took place or the civil partnership was formed before 6 April 2016,

(b) the spouse or civil partner reached pensionable age before 6 April 2016 but died on or after that date,

(c) the pensioner was over pensionable age when the spouse or civil partner died, and

(d) the pensioner would, when the spouse or civil partner died, have been entitled to a Category B retirement pension under section 48B(1) or (1A) of the Contributions and Benefits Act if the words “before 6 April 2016” were omitted.

(2) The inherited amount is equal to the weekly rate at which that Category B retirement pension would have been payable on the day on which the spouse or civil partner died if any element of the rate attributable to the basic pension were ignored.

Commencement Information

I3 Sch. 3 para. 4 in operation at 6.4.2016, see s. 53(1)(3)