The State Pension Regulations (Northern Ireland) 2015

[F1 PART 7 N.I. Overseas Residents

Textual Amendments

F1 Pts. 6, 7 added (6.4.2016) by The State Pension (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/80), regs. 1, 2(4)

Entitlement to state pension for overseas residents N.I.

21.— (1) An overseas resident who is entitled to a state pension under Part 1 of the Act is not entitled to up-rating increases in accordance with this regulation.

(2) This regulation—

(a) applies in relation to an up-rating increase if Regulations are made—

(i) in consequence of an order under section 132A (annual up-rating) or 132B (up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015) of the Administration Act or in consequence of any other legislation; and

(ii) which provide that this regulation applies to that up-rating increase; and

(b) is subject to the Regulations referred to in sub-paragraph (a).

(3) Paragraph (4) applies in a case where—

(a) a person’s entitlement to a state pension under Part 1 of the Act has been deferred for a period; and

(b) when the deferral period ends, that person is—

(i) entitled to a state pension under Part 1 of the Act; and

(ii) an overseas resident.

(4) Where this paragraph applies, the person mentioned in paragraph (3) is not entitled to any up-rating increases—

(a) in respect of the deferral period if—

(i) the person was an overseas resident at the time of that increase; and

(ii) the person continued to be an overseas resident until the deferral period ended; and

(b) after the deferral period ended if the person is an overseas resident at the time of that increase.

(5) In all other cases, a person is not entitled to up-rating increases where, immediately before the up-rating increase comes into operation, the person was—

(a) entitled to a state pension under Part 1 of the Act; and

(b) an overseas resident.

(6) For the purposes of sections 18(4) and 20(2) and (3) of the Act, the territory specified is any part of the Channel Islands in respect of which an order made under section 155 of the Administration Act is not in operation.

Modifications etc. (not altering text)

C1 Reg. 21 applied (10.4.2017) by The Social Security Benefits Up-rating Regulations (NorthernIreland) 2017 (S.R. 2017/60), regs. 1(1), 3

C2 Reg. 21 applied (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/189), regs. 1(1), 3

C3 Reg. 21 applied (24.3.2018) by The Social Security (2017 Benefits Up-rating) Regulations (NorthernIreland) 2018 (S.R. 2018/57), regs. 1(1), 3

Modification of the amount of an increment for an overseas resident N.I.

22.— (1) Subject to regulation 23, this regulation applies in cases where, during any part of the deferral period, a person has been an overseas resident.

(2) For any part of the deferral period during which the person was an overseas resident and was not in Northern Ireland or a territory specified in regulation 21(6), section 17(4) of the Act is modified to provide that the amount of an increment is equal to a percentage specified in regulations of the weekly rate of the state pension to which the person would have been entitled immediately before the start of that part of the deferral period if the person’s entitlement had not been deferred.

(3) For any part of the deferral period during which the person was not an overseas resident, section 17(4) of the Act is modified to provide that the amount of an increment is equal to a specified percentage of the weekly rate of the state pension to which the person would have been entitled immediately before the end of that part of the deferral period if the person’s entitlement had not been deferred.

Modification of the amount of an increment where regulations 12A and 22 both apply N.I.

23.— (1) This regulation applies in a case where section 17(4) of the Act falls to be modified under both regulations 12A and 22 at the same time.

(2) Section 17(4) of the Act is modified to provide that the amount of an increment is determined in accordance with paragraphs (3) to (5).

(3) The amount of the increment is first determined in accordance with the modifications set out in regulation 22.

(4) The amount of the increment is then determined in accordance with the modifications set out in regulation 12A as if the reference in regulation 12A(2) to the weekly rate of the state pension were a reference to the weekly rate referred to in—

(a) regulation 22(2), for any part of the deferral period during which the person was an overseas resident and was not in Northern Ireland or a territory specified in regulation 21(6); and

(b) regulation 22(3), for any part of the deferral period during which the person was not an overseas resident.

(5) Any increase or decrease of the increment as determined in accordance with paragraph (4) is then added to, or subtracted from, the amount of the increment as determined in accordance with paragraph (3).]