- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (17/02/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 05/12/2005
Point in time view as at 17/02/2005.
Social Security Contributions and Benefits (Northern Ireland) Act 1992, Paragraph 1 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F11(1)The amount referred to in section 45(2)(c) above is to be calculated as follows—N.I.
(a)take for each tax year concerned the amount for the year which is found under the following provisions of this Schedule;
(b)add the amounts together;
(c)divide the sum of the amounts by the number of relevant years;
(d)the resulting amount is the amount referred to in section 45(2)(c) above, except that if the resulting amount is a negative one the amount so referred to is nil.
(2)For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 39(1), 39C(1), 48A(4) or 48B(2) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).
(3)The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences.
(4)The second alternative number is the number of tax years in the period—
(a)beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and
(b)ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had notdied earlier.
(5)For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 48BB(5) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).
(6)The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the deceased spouse dies.
(7)The second alternative number is the number of tax years in the period—
(a)beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and
(b)ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had not died earlier.
(8)In this paragraph “relevant year” has the same meaning as in section 44 above.]
Textual Amendments
F1Sch. 4A inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 30(3), Sch. 4; S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
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