The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

PART 1 Amendment of the Contributions and Benefits Act

1.  The Contributions and Benefits Act is amended as follows.

2.  In section 48C(4)(1) (Category B retirement pension: general), after “spouse” there shall be inserted “or civil partner”.

3.  In section 54(3)(2) (Category A and Category B retirement pensions: supplemental provisions), after “marriage” there shall be inserted “or civil partnership”.

4.  In section 55(3) (pension increase or lump sum where entitlement to retirement pension is deferred)—

(a) in subsection (2), after “deceased spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(b) in subsection (3)(a)(ii)—

(i) after “a spouse's” there shall be inserted “or civil partner's”, and

(ii) after “the spouse” there shall be inserted “or civil partner”.

5.  In section 62(1)(c)(4) (graduated retirement benefit)—

(a) after “widowed person” there shall be inserted “or surviving civil partner”; and

(b) at the end there shall be added “or civil partner”.

6.  In Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)—

(a) in paragraph A1(4)(5), for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;

(b) in paragraph 2(5)(a)(6), for “paragraph 4, 5, 5A or 6” there shall be substituted “paragraph 4, 5, 5A, 6 or 6A”;

(c) in paragraph 2A(7), for “paragraphs 5 to 6” (in each place where it occurs) there shall be substituted “paragraphs 5 to 6A”;

(d) in paragraph 3B(5)(b)(i)(8), for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;

(e) in paragraph 3C(9)—

(i) in the heading, after “deceased spouse” there shall be inserted “or civil partner”,

(ii) in sub-paragraph (1)(a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”,

(iii) in sub-paragraph (1)(b)—

(aa) after “married to” there shall be inserted “or was the civil partner of”, and

(bb) after “marriage” there shall be inserted “or civil partnership”,

(iv) in sub-paragraph (5)—

(aa) for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”, and

(bb) after “deceased spouse” there shall be inserted “or civil partner”;

(f) in paragraph 4—

(i) in the heading, after “deceased spouse” there shall be inserted “or civil partner”,

(ii) in sub-paragraph (1)(10)—

(aa) for “widow or widower” (in each place where it occurs) there shall be substituted “widow, widower or surviving civil partner”,

(bb) after “married to” there shall be inserted “or was the civil partner of”, and

(cc) after “other party to the marriage” there shall be inserted “or civil partnership”,

(iii) in sub-paragraph (1A)(11), for “paragraphs 5 to 6” (in each place where it occurs) there shall be substituted “paragraphs 5 to 6A”,

(iv) in sub-paragraph (3)—

(aa) before “, the rate” there shall be inserted “or a civil partner dies on or after 5th December 2005”,

(bb) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(cc) in paragraph (a), after “deceased spouse” there shall be inserted “or civil partner”,

(v) in sub-paragraph (4), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(g) in paragraph 5(12)—

(i) in sub-paragraph (1)(a)—

(aa) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”,

(bb) after “married to” there shall be inserted “or was the civil partner of”, and

(cc) after “marriage” there shall be inserted “or civil partnership”,

(ii) in sub-paragraph (2)—

(aa) at the end of paragraph (a) “and” shall be omitted, and

(bb) at the end of paragraph (b) there shall be inserted—

“, and

(c) where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below”;

(h) after paragraph 6(13) there shall be inserted the following paragraph—

“6A.— (1) This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner.

(2) The amounts referred to in paragraph 5(2)(c) above are the following—

(a) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

(b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 105 of the Pensions Act, and

(c) one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.”;

(i) in paragraph 7—

(i) in sub-paragraph (1)(14)—

(aa) for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”, and

(bb) in paragraph (b) after “surviving spouse” there shall be inserted “or civil partner”,

(ii) in sub-paragraph (2)(15) for “paragraph 5, 5A or 6” there shall be substituted “paragraph 5, 5A, 6 or 6A”;

(j) in paragraph 7A(16)—

(i) in the heading, after “deceased spouse” there shall be inserted “or civil partner”, and

(ii) in sub-paragraph (2) after “widowed person's” there shall be inserted “or surviving civil partner's”;

(k) in paragraph 7B(17)—

(i) in the heading, and in sub-paragraphs (1) and (5), after “widowed person's” there shall be inserted “or surviving civil partner's”,

(ii) in sub-paragraph (2) after “other party to the marriage” there shall be inserted “or civil partnership”, and

(iii) in sub-paragraph (5)(b)(i) for “paragraphs 5 to 6” there shall be substituted “paragraphs 5 to 6A”;

(l) in paragraph 8—

(i) in the heading(18), at the end there shall be added “and civil partners”, and

(ii) in sub-paragraph (3)(19)—

(aa) after “married person” there shall be inserted “or a civil partner”, and

(bb) after “other party to the marriage” there shall be inserted “or civil partnership”.

(1)

Section 48C was substituted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995. Subsection (4) was amended by paragraph 6 of Schedule 8 and paragraph 11 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 33(12) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(2)

Section 54(3) was substituted by paragraph 18(8) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(3)

Section 55 was substituted by Article 273(1) of the Pensions (Northern Ireland) Order 2005

(4)

Section 62(1)(c) was inserted by paragraph 16(b) of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(5)

Paragraph A1 was inserted by paragraph 3 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(6)

Paragraph 2(5)(a) was amended by paragraph 18(12) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(7)

Paragraph 2A was inserted by paragraph 6 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(8)

Paragraph 3B was inserted by paragraph 7 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(9)

Paragraph 3C was inserted by paragraph 8 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(10)

Sub-paragraph (1) was substituted by paragraph 9 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(11)

Sub-paragraph (1A) was substituted by paragraph 9 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(12)

Paragraph 5 was substituted by paragraph 18(15) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(13)

Paragraph 6 was substituted by paragraph 18(15) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(14)

Sub-paragraph (1) was amended by paragraph 18(17) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(15)

Sub-paragraph (2) was amended by paragraph 18(17) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

(16)

Paragraph 7A was inserted by paragraph 10 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(17)

Paragraph 7B was inserted by paragraph 11 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(18)

The heading was substituted by paragraph 12 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

(19)

Sub-paragraph (3) was substituted by paragraph 18(18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 13 of Schedule 9 to the Pensions (Northern Ireland) Order 2005