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SCHEDULES

SCHEDULE 5N.I.[F1Pension Increase or Lump Sum Where Entitlement to Retirement Pension is Deferred]

Textual Amendments

F1Sch. 5 heading substituted (17.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), art. 1(4), Sch. 9 para. 2

Modifications etc. (not altering text)

C1Sch. 5 modified (temp. from 1.12.1999 until 5.10.2002) by The Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), arts. 1(4)(b), 49(7)(b) (the temp. modification lapsing on the coming into operation of S.R. 2001/441)

C3Sch. 5: sums amended (with effect in accordance with arts. 1, 7 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(c), 4(4)(b)

Increase of pension where pensioner’s deceased spouse [F2or civil partner] has deferred entitlementN.I.

Textual Amendments

4[F3(1)Subject to paragraph 8, this paragraph applies where a [F4widow, widower or surviving civil partner] (“W”) is entitled to a Category A or Category B retirement pension and was married to [F5or was the civil partner of] the other party to the marriage [F6or civil partnership] (“S”) when S died and one of the following conditions is met—N.I.

(a)S was entitled to a Category A or Category B retirement pension with an increase under this Schedule,

(b)W is a [F4widow, widower or surviving civil partner] to whom paragraph 3C applies and has made an election under paragraph 3C(2)(a), or

(c)paragraph 3C would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.]

[F3(1A)Subject to sub-paragraph (3), the rate of W’s pension shall be increased—

(a)in a case falling within sub-paragraph (1)(a), by an amount equal to the increase to which S was entitled under this Schedule, apart from [F7paragraphs 5 to 6A] F8... ,

(b)in a case falling within sub-paragraph (1)(b), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from [F7paragraphs 5 to 6A] F9... , if the period of deferment had ended immediately before S’s death and S had then made an election under paragraph A1(1)(a), or

(c)in a case falling within sub-paragraph (1)(c), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from [F7paragraphs 5 to 6A] F10... , if the period of deferment had ended immediately before S’s death.]

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If a married person dies after [F125th October 2002] [F13or a civil partner dies on or after 5th December 2005], the rate of the retirement pension for that person’s [F14widow, widower or surviving civil partner] shall be increased by an amount equivalent to the sum of—

(a)the increase in the basic pension to which the deceased spouse [F15or civil partner] was entitled; and

(b)one-half of the increase in the additional pension.

(4)In any case where—

(a)there is a period between the death of the former spouse [F16or civil partner] and the date on which the surviving spouse [F16or civil partner] becomes entitled to a Category A or Category B retirement pension, and

(b)one or more orders have come into force under section 132 of the Administration Act during that period,

the amount of the increase to which the surviving spouse [F16or civil partner] is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.

(5)This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.

Textual Amendments

F3Sch. 5 para. 4(1)(1A) substituted for Sch. 5 para. 4(1) (17.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), art. 1(4), Sch. 9 para. 9

F12Words in Sch. 5 para. 4(3) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(a)(2)(c)

Modifications etc. (not altering text)

C4Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

C5Sch. 5 para. 4 restricted (17.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), art. 1(4), Sch. 9 para. 21

C6Sch. 5 para. 4 applied (with modifications) (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 5 paras. 2, 3 (with ss. 8, 9)

C7Sch. 5 para. 4(1) modified (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 para. 18(14)

[F175F18(1)Where—N.I.

(a)a [F19widow, widower or surviving civil partner] (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to [F20or was the civil partner of] the other party to the marriage [F21or civil partnership] (call that person “S”) when S dies, and

(b)S either—

(i)was entitled to a guaranteed minimum pension with an increase under section 11(1) of the Pensions Act, or

(ii)would have been so entitled if S had retired on the date of S’s death,

the rate of W’s pension shall be increased by the following amount.

(2)The amount is—

(a)where W is [F22a woman—

(i)whose deceased spouse was a man, or

(ii)who falls within paragraph 7(3) below,

an] amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be), F23...

(b)where W is a [F24man whose deceased spouse was a woman], an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be)[F25, and

(c)where W [F26is—

(i)a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,

(ii)a man whose deceased spouse was a man, or

(iii)a surviving civil partner,

an] amount equal to the sum of the amounts set out in paragraph 6A(2) below].]

Textual Amendments

F17Sch. 5, paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 para. 18(15)(16)

F18Sch. 5 para. 1 modified (13.12.1995) by S.I. 1995/3213, art. 123, Sch. 2 Pt. III para. 18(16)

Modifications etc. (not altering text)

C8Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

C9Sch. 5 para. 5 applied (with modifications) (3.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 12(10), 21(1); S.R. 2009/75, art. 2(a)(b)

[F275A[F28(1)This paragraph applies where W (referred to in paragraph 5 above) is a [F29woman— N.I.

(a)whose deceased spouse was a man, or

(b)who falls within paragraph 7(3) below.]

(2)Where the [F30spouse] dies before [F316th October 2002], the amounts referred to in paragraph 5(2)(a) above are the following—

(a)an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,

(b)the appropriate amount, and

(c)an amount equal to any increase to which the [F30spouse] had been entitled under paragraph 5 above.

(3)Where the [F32spouse] dies after [F315th October 2002], the amounts referred to in paragraph 5(2)(a) above are the following—

(a)one-half of the appropriate amount F33... , and

(b)one-half of any increase to which the [F32spouse] had been entitled under paragraph 5 above.]]

Textual Amendments

F27Sch. 5 paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 para. 18(15)(16)

F28Sch. 5 para. 5A omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F31Words in Sch. 5 para. 5A(2)(3) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)

F33Words in Sch. 5 para. 5A(3)(a) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20

Modifications etc. (not altering text)

C10Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

[F346[F35(1)This paragraph applies where W (referred to in paragraph 5 above) is a [F36man whose deceased spouse was a woman].N.I.

(2)Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—

(a)an amount equal to the increase mentioned in paragraph 5(1)(b) above,

(b)the appropriate amount, and

(c)an amount equal to any increase to which the wife had been entitled under paragraph 5 above.

(3)Where the wife dies after 5th April 1989 but before [F376th October 2002], the amounts referred to in paragraph 5(2)(b) above are the following—

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

(b)one-half of that increase, so far as attributable to employment after 5th April 1988,

(c)the appropriate amount reduced by the amount of any increases under section 105 of the Pension Act, and

(d)any increase to which the wife had been entitled under paragraph 5 above.

(4)Where the wife dies after [F375th October 2002], the amounts referred to in paragraph 5(2)(b) 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 F38... , and

(c)one-half of any increase to which the wife had been entitled under paragraph 5 above.]]

Textual Amendments

F34Sch. 5 paras. 5, 5A, 6 substituted (16.12.1995) for Sch. 5 paras. 5 and 6 by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 Pt. III paras. 18(15)(16)

F35Sch. 5 para. 6 omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F37Words in Sch. 5 para. 6(3)(4) substituted (retrospectively) by virtue of 2000 c. 4 (N.I.), s. 35(1)(2)(c)

F38Words in Sch. 5 para. 6(4)(b) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20

Modifications etc. (not altering text)

C11Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

[F396A.[F40(1)This paragraph applies where W (referred to in paragraph 5 above) [F41is— N.I.

(a)a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,

(b)a man whose deceased spouse was a man, or

(c)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 F42... , and

(c)one-half of any increase to which the deceased [F43spouse or] civil partner had been entitled under paragraph 5 above.]]

Textual Amendments

F40Sch. 5 para. 6A omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F42Words in Sch. 5 para. 6A(2)(b) omitted (with effect in accordance with s. 5(3)-(5) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 20

7[F44(1)For the purposes of [F45paragraphs 5 to 6A] above, the “appropriate amount” means the greater of—N.I.

(a)the amount by which the deceased person’s Category A or Category B retirement pension had been increased [F46by virtue of] section 132 of the Administration Act corresponding to an order [F46by virtue of] section 150(1)(e) of the Great Britain Administration Act; or

(b)the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse [F47or civil partner] became entitled to a Category A or Category B retirement pension.

(2)Where an amount is required to be calculated in accordance with the provisions of [F48paragraph 5, 5A, 6 or 6A] or sub-paragraph (1) above—

(a)the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and

(b)where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the [F49Pensions Act] or the Administration Act.]

[F50(3)For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—

(a)she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)that marriage subsisted before the time when that certificate was issued.]

Textual Amendments

F44Sch. 5 para. 7 omitted (7.6.2012 for specified purposes) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 3(5), 34(3) (with s. 3(7)); S.R. 2012/233, art. 2(2)(c)

F46Words in Sch. 5 para. 7(1)(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 para. 40; S.R. 1994/450, art. 2, Sch. Pt. IV

F49Words in Sch. 5 para. 7(2)(b) substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para. 36(d); S.R. 1994/17, art. 2

Modifications etc. (not altering text)

C12Sch. 5 paras. 4-7 modified (6.10.2002) by S.R. 2001/441, art. 2

[F517ZA(1)This paragraph modifies paragraphs 5A to 6A in cases where—N.I.

(a)W became entitled to a Category A or Category B retirement pension before 7 June 2012, and

(b)S died before 7 June 2012.

(“W” and “S” have the same meaning as in paragraph 5.)

(2)Paragraph 5A applies as if—

(a)in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)the appropriate amount; and”;

(b)in sub-paragraph (3), after “following—”, there were inserted—

“(a)one half of the appropriate amount; and”.

(3)Paragraph 6 applies as if—

(a)in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)the appropriate amount; and”;”;

(b)in sub-paragraph (3), after paragraph (b), there were inserted—

“(c)the appropriate amount reduced by the amount of any increases under section 105 of the Pensions Act; and”;

(c)in sub-paragraph (4), after paragraph (a), there were inserted—

“(b)one half of the appropriate amount; and”.

(4)Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

“(b)one half of the appropriate amount; and”.

(5)In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

(a)the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 132 of the Administration Act; or

(b)the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

(6)In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 7 June 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.]

Textual Amendments