The Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005 and shall come into operation on 6th April 2005.

(2) Regulation 4, and paragraphs 4(2) and (3) and 14(2) and (3) of Schedule 1 in so far as they apply to that regulation, shall not have effect in relation to incremental periods beginning before 6th April 2005.

(3) In these Regulations –

“the 1966 Act” means the National Insurance Act (Northern Ireland) 1966(1);

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and references to Schedule 5 are to Schedule 5 to that Act(3);

“the Deferral Regulations” means the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005(4);

“incremental period” shall have the meaning ascribed to it in paragraph 4(6) of Schedule 1;

“the Pensions Schemes Act” means the Pensions Schemes (Northern Ireland) Act 1993(5).

Amendment of the 1966 Act

2.—(1) The 1966 Act(6) shall be amended in accordance with paragraphs (2) and (3).

(2) In section 35 (graduated retirement benefit) –

(a) for subsection (4)(7) there shall be substituted the following subsections –

“(4) Where a person’s entitlement to graduated retirement benefit is deferred –

(a) Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978(8); and

(b) Schedule 1 to the 2005 Regulations,

shall have effect and both those Schedules shall be construed and have effect as if they were part of this subsection.

(4A) For the purposes of subsection (4) a person’s entitlement to graduated retirement benefit is deferred where –

(a) he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred within the meaning in section 55(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(9), if and so long as his entitlement to such a pension is deferred;

(b) he is treated under subsection (7) as receiving a Category A or a Category B retirement pension at a nominal weekly rate, if and so long as he does not become entitled to graduated retirement benefit by reason only of not satisfying the conditions in section 1 of the Social Security Administration (Northern Ireland) Act 1992 (entitlement to benefit dependent on claim),

and in relation to graduated retirement benefit, “period of deferment” shall be construed accordingly.”.

(b) in subsection (8) after the definition of “the Act” there shall be inserted the following definition –

““the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005;”.

(3) In section 36(1) (special provisions as to graduated retirement benefit for widows and widowers) after “Subject to the provisions of this section” there shall be inserted “and to Schedule 1 to the 2005 Regulations.”.

Amendment of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations and saving

3.—(1) Subject to paragraph (2), in Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 from the word “and” at the end of paragraph 1(a) to the end of the Schedule shall be omitted.

(2) Schedule 2 to those Regulations shall have effect as if the amendments made by paragraph (1) had not been made in the case of –

(a) periods of deferment (as defined by section 35(4A) of the 1966 Act) ending before 6th April 2005; and

(b) incremental periods beginning before that date.

Schedule 1

4.  Schedule 1 to these Regulations (which makes further provision replacing section 35(4) of the 1966 Act) shall have effect.

Modification of Schedule 1 in transitional cases

5.  Schedule 1 to these Regulations shall be modified by Schedule 2 to these Regulations in relation to transitional cases and in this regulation, “a transitional case” means a case where a person’s entitlement to graduated retirement benefit is deferred and the period of deferment begins before 6th April 2005 and continues on or after that day.

Revocations

6.  Regulation 5(2)(a)(ii) and, subject to regulation 3(2) above, (3)(b) to (d) of the Social Security (Abolition of Earnings Rule) (Consequential) Regulations (Northern Ireland) 1989(10) is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 16th March 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development