xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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)
C2Sch. 5 modified (6.4.2005) by The Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations (Northern Ireland) 2005 (S.R. 2005/123), regs. 1(1), 2
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)
Textual Amendments
F2Words in Sch. 5 para. 4 cross-heading inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 6(f)(i)
[F37ZA(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
F3Sch. 5 para. 7ZA inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 78(3)