The Welfare Reform and Pensions (Northern Ireland) Order 1999

Shareable state scheme rights N.I.

44.—(1) Pension sharing is available under this Chapter in relation to a person's shareable state scheme rights.

[F1 (1A) For the purposes of this Chapter, a person's shareable state scheme rights are—

(a) the person's shareable old state scheme rights;

(b) the person's shareable new state scheme rights.]

(2) For the purposes of this Chapter, a person's shareable [F2 old] state scheme rights are—

(a) his entitlement, or prospective entitlement to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (F3 ... additional pension), and

(b) his entitlement, or prospective entitlement, to a pension under section 55A [F4 or 55AA] of that Act (shared additional pension).

[F5 (3) For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section4 of the Pensions Act (Northern Ireland) 2015.

(4) “The excess amount”, in relation to a state pension under section4 of the Pensions Act (Northern Ireland) 2015, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).

(5) In determining the rate of a state pension under section4 of the Pensions Act (Northern Ireland) 2015 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).]

F1 Art. 44(1A) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(2)

F2 Word in art. 44(2) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(3)(a)

F3 Word in art. 44(2)(a) omitted (12.10.2015) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 15 para. 7; S.R. 2015/329, art. 2(3)

F4 Words in art. 44(2)(b) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(3)(b)

F5 Art. 44(3)-(5) added (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(4)